Simington Seen on Track for 2025 FCC Renomination and Less Onerous Confirmation

Simington confirmed he's still pursuing the renomination bid his office announced in February (see 2402060086). “I've spoken a little bit to [Senate Minority Leader Mitch] McConnell's [R-Ky.] office, but I think everyone has other things on their minds” now, Simington told us after a Tuesday House Communications Subcommittee hearing on the FCC's FY 2025 budget request (see 2407090049). “It’s probably a lower priority [for Senate Republicans] right now because there's over a year left” before Simington would need to leave the commission. Simington’s term expired June 30, but he can remain a commissioner until Jan. 3, 2026, absent Senate confirmation.

Simington has also been in contact with people in Trump's circle to keep them aware of his desire to remain at the FCC, communications lobbyists told us. Trump tapped Simington, then an NTIA senior adviser, to be an FCC commissioner in 2020 after revoking his renomination of incumbent Mike O'Rielly (see 2009150074).

“It's probably a safe bet” that the White House won't move on Simington or another nominee until after the winner of the presidential election takes office in January, Senate Communications Subcommittee ranking member John Thune, R-S.D., told us.

Senators Demur

It's in both parties’ best interests to hold off on a Simington renomination until 2025, lobbyists told us. They noted Democrats would want a Republican FCC seat to pair with a Democratic commissioner nominee if Chairwoman Jessica Rosenworcel steps down and the Democrats win the White House. Republicans would want Trump to have the opportunity to make a final decision on Simington, lobbyists said.

Thune, who is also Senate minority whip, said he doesn’t “have any hard-formed impression” of Simington even after more than three years as a commissioner. Thune would play a lead role in advocating for Republican FCC candidates should Senate GOP caucus members select him to replace McConnell in November as the party's chamber leader. “The thing I look for in a commissioner is independence, because the FCC is an independent commission and they're not supposed to be tethered to any particular administration,” even though the three commission Democrats appear to be “taking orders from the White House,” Thune said.

Senate Armed Services Committee ranking member Roger Wicker of Mississippi, who’s also on the Commerce Committee, is among other Republicans who remain tight-lipped about Simington's renomination prospects. “This really is a question I haven't thought about in nearly four years,” said Wicker, who chaired Commerce during Simington's 2020 confirmation process. Senate Republicans sometimes gave Simington tepid support then after being strong backers of O'Reilly (see 2009160064).

Senate Commerce Chair Maria Cantwell, D-Wash., has repeatedly refused to say whether she and fellow Democrats would oppose Simington's reconfirmation. Democrats voted against Simington because of his role in shaping NTIA’s petition for an FCC rulemaking on its Communications Decency Act Section 230 interpretation (see 2012080067).

'Known Quantity'

Digital First Project Executive Director Nathan Leamer, Cooley’s Robert McDowell and other observers of Republican telecom policymaking believe Simington faces strong odds of getting a second term. They noted the changed political dynamics Simington would face now compared with 2020.

Leamer, a former aide to ex-FCC Chairman Ajit Pai, said Simington “was an unknown quantity” in 2020 when he was replacing O’Rielly, “someone who a lot of [Senate Republicans] knew and liked.” Simington has “worked hard to build relationships with” congressional Republicans and focused on their “issues of interest,” including device and network security, Leamer said: He sees Democrats’ 2020 opposition to Simington as mainly “a vote against Trump” and the Section 230 petition.

Public Knowledge Senior Vice President Harold Feld said Simington “has really been a team player” for the Republicans. “He certainly shares” Carr’s views on an FCC Section 230 role and has become “a known quantity” to the Senate GOP. Trump’s yank-back of O’Rielly over his Section 230 views showed “if you step out of line [with Trump], then you will get immediately chopped,” Feld said: “I don’t see Simington making that kind of mistake.”

Feld sees less incentive for Democratic opposition to a Simington renomination. Simington “hasn’t been hyperpartisan beyond what we now expect” from commission Republicans and hasn’t staked out any “crazy opinions,” Feld said. If Trump wins, Democrats could instead concentrate on “full opposition mode on” Trump's nominee for a third Republican FCC seat to reciprocate the GOP’s repeated efforts to delay the commission’s shift to a Democratic majority under Biden.