Senate Democrats Prepping Net Neutrality as Main Focus of Floor Debate on Pai Reconfirmation
Telecom-focused Democratic senators confirmed to us they intend to make their simmering concerns about net neutrality the centerpiece of a to-be-scheduled floor debate on FCC Chairman Ajit Pai's renomination to a new five-year term, cementing expectations they would focus on controversial policy issues rather than the nominee himself. Majority Leader Mitch McConnell, R-Ky., and Minority Leader Chuck Schumer, D-N.Y., reached a deal in August to confirm now-Commissioners Brendan Carr and Jessica Rosenworcel under unanimous consent but to hold over a vote on Pai and consideration of Carr's nomination to a second full term through 2023. Democrats opposed confirming Pai without invoking cloture because they want time for a floor debate (see 1708030060). Senate Republicans are hoping to bring Pai up for a floor vote before Columbus Day recess (see 1709130054).
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Senate Communications Subcommittee ranking member Brian Schatz, D-Hawaii, made clear the caucus' intentions for a debate on Pai. “We're going to make this debate about net neutrality,” he told us. Pai has drawn criticism from Capitol Hill Democrats over the May NPRM proposing to reverse 2015 net neutrality rules and related reclassification of broadband as a Communications Act Title II service. Net neutrality talking points figured prominently in a July Senate Commerce hearing on Pai, Carr and Rosenworcel, and in a subsequent House Communications Subcommittee FCC oversight hearing (see 1707190049 and 1707250059).
Other Senate Democrats also mentioned net neutrality as an issue likely to punctuate a debate on Pai, though they said it would be one of several topics they would want to discuss. “I'm looking forward to that process and obviously I have very big questions about competition policy and privacy” along with concerns about the net neutrality NPRM, said Sen. Ed Markey, D-Mass. “I have concerns about changes in procedure [at the FCC], antitrust enforcement [in Sinclair's proposed purchase of Tribune and other matters] and other outstanding issues that I've asked about before” but want to follow up now, said Sen. Richard Blumenthal, D-Conn.
It’s natural Democrats are aiming for a Senate debate on Pai with net neutrality as the main focus, given the issue’s prominence in the U.S.’ larger political discourse, communications sector lobbyists said. “The timing is right” to put net neutrality at the forefront of a Senate floor debate because even if it occurs after recess, it still would happen before or in the immediate aftermath of the FCC’s pending net neutrality vote, one Democratic-leaning lobbyist said. Pai’s office tipped the FCC’s Dec. 14 meeting as the likeliest to include a vote on the net neutrality proposal, though observers say it could happen as early as Nov. 16 (see 1708310016).
The Pai debate likely will be Senate Democrats’ most prominent venue for expressing displeasure at the prospect of rescission of the 2015 rules, and “if they were to just let [Pai] go without a robust debate on the issue, in some ways they will have missed their opportunity to put some leverage on their side of the equation,” a telecom lobbyist said. Capitol Hill has closely followed the NPRM, and negotiations for a possible compromise bill saw little progress (see 1707130063, 1708070068 and 1708300050).
“Democrats still have a lot to say,” not just on net neutrality but also on media consolidation, privacy and a range of other issues, a Democratic telecom lobbyist said. A GOP lobbyist predicted Senate Democrats will emphasize net neutrality and Sinclair/Tribune. Democrats “would like [that deal] to be their next whipping post,” the lobbyist said.
Thune: on the 'Right' Side
“We’re on the right side on [net neutrality and other telecom issues] so I would suspect there will be some level of engagement,” said Senate Commerce Committee Chairman John Thune, R-S.D., in an interview. “On any of the issues the Democrats might raise, we have arguments in our favor.” But “we also think that Pai is an incredibly qualified guy, so we’ll focus on why he ought to be leading the FCC and his record as a commissioner,” Thune said.
Senate Republicans likely will be eager to defend Pai’s record but may be less interested in getting dragged into a protracted debate on net neutrality if they feel the optics are too unfavorable, some lobbyists said. “I think they’d be more likely to defend the importance of a free-market approach” on telecom issues as a vehicle for driving infrastructure investment and the need for “getting rid of unnecessary regulations,” one telecom lobbyist said. “Those are the concepts behind the Republicans’ position on net neutrality but they wouldn’t necessarily directly respond to the Democrats’ claims.” A GOP lobbyist countered that Democrats’ insistence on making a debate on Pai about net neutrality could be an opportunity for telecom-focused Republican lawmakers to “point out some things they want to get done.”
Pai is widely viewed to be high on McConnell’s list of President Donald Trump’s nominees to prioritize for Senate floor time, despite the prospects for a rancorous debate. McConnell’s office didn’t comment.
McConnell “knows he’s just going to have to bite the bullet” and file for cloture on Pai, especially because the FCC chairman “is in a unique position” when compared with other contentious nominees like Makan Delrahim, Trump’s nominee to lead DOJ’s Antitrust Division, a GOP lobbyist said. Delrahim’s path has been in limbo amid a reported hold from Sen. Elizabeth Warren, D-Mass. While Delrahim waits, acting Antitrust head Andrew Finch is moving the division forward, whereas if the Senate fails to confirm Pai this year, he would leave commissioners at a 2-2 deadlock, the GOP lobbyist said. That scenario and McConnell’s personal interest in Pai’s reconfirmation means the Senate leader “will put a premium on getting this one done as soon as possible,” a communications lobbyist said. A GOP telecom lobbyist placed the odds of an October Senate debate and vote on Pai at 60 percent, with a November or December vote at 40 percent.