Cantwell, Lujan Eye GOP FCC Nominee Trusty After Positive Confirmation Hearing Responses
Some Senate Commerce Committee Democrats gave Republican FCC nominee Olivia Trusty a more positive reception during her Wednesday confirmation hearing than observers were expecting, though they used questions to hammer Chairman Brendan Carr’s actions since taking the gavel Jan. 20 and voice concerns about the agency's loss of independence during the Trump administration (see 2504080066). Panel Democrats delivered a harsher verdict to NTIA administrator nominee Arielle Roth, who advanced Wednesday on a nearly party-line vote of 16-12, as expected (see 2504080059). Sen. John Fetterman of Pennsylvania was the only Democrat to buck his party's opposition (see 2504090037).
Sign up for a free preview to unlock the rest of this article
Communications Daily is required reading for senior executives at top telecom corporations, law firms, lobbying organizations, associations and government agencies (including the FCC). Join them today!
Senate Commerce Chairman Ted Cruz of Texas and Armed Services Committee Chairman Roger Wicker of Mississippi were among several Republicans who lavished praise on Trusty during the hearing. The nominee's past role as the panel's GOP telecom policy director and her current job as a senior Senate Armed Services aide give her “a well-rounded view of the interests of both [DOD] and the commercial industry when it comes to midband spectrum,” which is seen as a central issue in airwaves legislative talks, Cruz said. “I am confident that [Trusty] will champion a spectrum pipeline, protect free speech and ensure access to fast and affordable internet.”
Senate Commerce ranking member Maria Cantwell of Washington told us after the hearing that she thought Trusty “did well today” and gave her and other Democrats “substantive” answers to questions about Trump administration influence on the FCC and other policy issues. Cantwell stopped short of committing to backing Trusty, saying she hopes the nominee will clarify “a couple of things” via responses to follow-up questions due before the panel votes on advancing her to the Senate floor. The administration "is seeking to bring independent agencies like the FCC under [President Donald Trump's] direct control,” Cantwell said during the hearing.
Cantwell said Trump’s disputed firing of FTC Democratic Commissioners Alvaro Bedoya and Rebecca Kelly Slaughter (see 2503190057) “based off of party affiliations sets a dangerous precedent. I expect this administration [to] maintain a full FCC staffed with five commissioners, including two Democrats.” Lobbyists said Senate Democrats are likely to cite the issue when chamber GOP leaders bring up Republican FTC nominee Mark Meador for a cloture vote, which could happen as soon as Thursday. Majority Leader John Thune, R-S.D., filed cloture on Meador earlier this week.
Senate Communications Subcommittee ranking member Ben Ray Lujan, D-N.M., told us he's “looking closely at [Trusty’s] nomination,” given that she delivered “strong answers” to his questions during the hearing. “I appreciate” those responses and “the record that she has,” although “I don't agree with all of her positions."
'What I Wanted to Hear'
During the hearing, Lujan invoked statements that acting U.S. Solicitor General Sarah Harris made during the U.S. Supreme Court’s March 26 oral arguments (see 2503260061) in its review of the Consumers’ Research USF case “that the FCC commissioners do not have statutory for-cause removal protections.” Trusty defended USF during the hearing as “the cornerstone of the FCC’s mission.” The Trump administration wants SCOTUS to overturn its 1935 Humphrey’s Executor v. U.S. precedent that allows the president to fire commissioners at independent agencies only for cause.
Trusty said that as a commissioner, she will “focus on upholding and enforcing the law. Whatever happens with subject to any litigation, my first obligation is to the facts [and] the law with respect to the proceeding that comes before the commission.” Trusty said her “commitment would be to … make a decision with respect to any individual or entity that comes before” the FCC “without fear nor favor.”
Sen. Ed Markey, D-Mass., also appeared pleased with Trusty’s responses, although he has already committed to voting against all Trump’s nominees. Markey focused on concerns about Carr initiating a series of investigations of broadcasters, which focus on entities that have carried content critical of Trump or otherwise face claims of pro-Democratic Party bias. Carr has, in some cases, said the scrutiny is focused on other matters (see 2502110063). “I firmly believe in the First Amendment, and I won't do anything to violate it,” Trusty said. “That's what I wanted to hear,” Markey said.
Trusty attempted to strike a balance between the opposing spectrum reallocation positions that Cruz, Cantwell and others have taken amid protracted talks aimed at creating compromise spectrum legislation. Cruz again touted his 2024 Spectrum Pipeline Act, which he wants to attach to a coming budget reconciliation package. Senate Communications Subcommittee Chair Deb Fischer, R-Neb., again noted her opposition to reallocating DOD-controlled spectrum in a way that would threaten incumbent military systems but cited progress toward a resolution.
Trusty said that during her time on Senate Armed Services, she “developed a greater appreciation for the national security mission and how critical spectrum is in carrying out that mission,” although she still believes “that spectrum is the lifeblood of wireless communications. It's essential to meeting our economic objectives, both domestic[ally] and abroad.” The U.S. doesn't “have to sacrifice our spectrum for war-fighting needs,” she said. “We can also create opportunities to repurpose spectrum for commercial use.”