Late November Hearing Sets Up December Finish for FCC Nominations

Committee Chairman Jay Rockefeller, D-W.Va., said he is “committed to working with [his] colleagues to address any concerns and move these nominations to a full Senate confirmation as expeditiously as possible.” The goal is to finish the nominations by year-end, a Democratic Senate aide said. Pai and Rosenworcel have been and are continuing to meet with Commerce Committee members and possibly other senators, the aide said. “Considering that both nominees are very well qualified, there’s a very good chance that the nominees can be confirmed before year’s end,” a GOP Commerce Committee aide said. “That said, getting even noncontroversial nominees approved in this political climate has at times proven to be difficult."

Grassley still plans to block the FCC nominations unless the commission gives him documents he wants about LightSquared’s communications with the FCC and the White House, a Grassley spokeswoman said Friday. He can’t formally place a hold until the nominations are on the Senate’s floor calendar. Grassley “hasn’t received any materials from the FCC,” his spokeswoman said. “He and Sen. Rockefeller talked, and their staffs subsequently met. Talks are ongoing about how Sen. Rockefeller might help to persuade the FCC to be forthcoming with the materials.” A Senate aide described the meeting of Rockefeller and Grassley staffs as an initial talk, through which to better understand each other’s perspectives.

The FCC so far has refused to comply with Grassley’s document request because the agency says it doesn’t have to respond to committees without jurisdiction over the FCC. The commission didn’t respond Friday to a request for comment.

FCC nominations may become part of a large package of nominations at the end of the legislative calendar this year (CD Nov 2 p1). The Senate usually acts on wrap-up packages in mid- to late-December. The Senate is expected to stay late this year because Congress must vote by Dec. 23 on recommendations of the Joint Select Committee on Deficit Reduction. The Senate moved quickly from hearing to full Senate approval in the last two rounds of FCC nominations. The Commerce Committee had a hearing for Chairman Julius Genachowski and Commissioner McDowell on June 16, 2009. The committee approved them June 18 and the full Senate followed on June 25. Commissioners Mignon Clyburn and Meredith Baker testified July 15, were approved by committee July 21 and approved by the full Senate July 24. Both sets of nominations faced objections that were quickly worked out. Such a quick turnaround is typical, a Senate aide said.

But past FCC nominees have also seen their nominations held up for many months over nonrelated issues. Former Commissioner Jonathan Adelstein saw his nomination held up for almost a year before he was confirmed by the Senate in November 2002 because of a bitter fight over judicial nominees. Then-Senate Minority Leader Trent Lott, R-Miss., even put a hold on Adelstein’s nomination after the Senate Judiciary Committee rejected the nomination of Charles Pickering, Sr. as a member of the 5th U.S. Circuit Court of Appeals.

At times, the fate of nominees is tied to completely unrelated issues. When Commissioner Robert McDowell was before the Senate for the first time in 2006, his nomination was paired with that of Vice Admiral Thad Allen as Commandant of the U.S. Coast Guard. Former NTIA Administrator Greg Rohde saw his nomination held up for several weeks because of a hold tied to fishing council legislation.

One senior industry lawyer and former Senate staffer said he expects the Senate to act before it adjourns this year. Getting just one commissioner through could take longer, the official said. Adelstein, for example, was sent up as a lone nominee. “There’s always things can hold it up, just look at Grassley and LightSquared … but the fact that it’s packaged with a Democrat and a Republican ought to make it move that much more quickly,” the former staffer said.