President-elect Joe Biden’s incoming administration is likely to boost prospects for a major infrastructure spending package, supporters of increased federal broadband spending told us. They welcome that change after hopes for progress were dashed during President Donald Trump’s administration. Lawmakers in both parties are hopeful but believe questions about how to pay for the additional infrastructure will remain a major sticking point amid expectations there will still be divided control of Congress (see 2011040052).
The three Republicans vying to succeed House Commerce Committee ranking member Greg Walden of Oregon told us they intend to largely maintain his approach to telecom policymaking during the next Congress, which is expected to include more debate on net neutrality. Walden announced his retirement plans last year, sparking debate about Communications Subcommittee Republicans’ future path (see 1911260048).
Senate Commerce Committee GOP leaders are eyeing a vote to advance FCC nominee Nathan Simington to the full chamber amid likely uniform Democratic opposition and lingering uncertainties about whether there’s unanimous GOP support. FCC Republicans, meanwhile, sidestepped questions about whether they will cooperate with President-elect Joe Biden’s transition, given objections from President Donald Trump. Chairman Ajit Pai announced a national-security-heavy agenda Wednesday for commissioners' Dec. 10 meeting but avoided saying he’s acquiescing to Democrats’ calls for him to stop work on major items (see 2011180065).
Sen. Marsha Blackburn, R-Tenn., “looks forward to voting for” FCC nominee Nathan Simington, her chief of staff, Charles Flint, told us. She raised concerns in late October about his preparedness for an initial phone conversation with her (see 2011020001). President Donald Trump cited Blackburn in a tweet urging Senate Commerce Republicans to support Simington just before his Tuesday Senate Commerce confirmation hearing (see 2011100070). She has since faced pressure from other conservative organizations, including Revolver News.
Incompas CEO Chip Pickering is hopeful this Congress enacts FY 2021 funding and a COVID-19 aid bill, despite partisan rancor. Group officials told a Thursday webinar they’re monitoring whether the Senate confirms FCC nominee Nathan Simington, plus the impact of a change to a majority-Democrat commission after President-elect Joe Biden’s inauguration.
The Senate Appropriations Committee proposed increases in the FY 2021 budgets for the FCC, NTIA, Patent and Trademark Office and National Institute of Standards and Technology but would leave funding for the FTC and CPB level with FY 2020. The committee’s proposed funding for the FCC to implement the Broadband Deployment Accuracy and Technological Availability Act, a broadband mapping law (S-1822), fell short of what the commission and others sought. Senate Appropriations released draft versions of its 12 appropriations bills Tuesday, before conference negotiations with House leaders on compromise FY 21 funding measures. Congress must either pass appropriations measures or another continuing resolution to extend government funding before the existing CR expires Dec. 11 (see 2010010041).
Sen. Richard Blumenthal, D-Conn., threatened Tuesday to place a hold on FCC nominee Nathan Simington amid dissatisfaction with his refusal to commit during a Commerce Committee hearing to recuse himself from participating in the rulemaking on its interpretation of Communications Decency Act Section 230 and his answers on other matters. Senate Commerce Chairman Roger Wicker of Mississippi and other Republicans were supportive of Simington. The nominee's confirmation prospects were expected before the presidential election to be jeopardized if Democrat Joe Biden won (see 2011020001).
House Commerce Committee Chairman Frank Pallone of New Jersey and other Democratic committee leaders are expected to ask the FCC to stand down work on any further controversial matters during a potential transition from President Donald Trump’s administration if Democratic nominee Joe Biden’s leads hold in several marginal states, communications sector observers told us. No similar call from Senate Commerce Committee Democrats is expected, since the party doesn’t have control of the chamber, and the majority in the next Congress remains in doubt (see 2011050056), lobbyists said.
One more member of the Senate Commerce Committee won reelection, but another’s race remained uncalled Thursday afternoon. News organizations declared Sen. Gary Peters, D-Mich., the winner Wednesday night in his race against Republican challenger John James. Peters led James Thursday by more than 87,000 votes, 49.9%-48.3%, with 99% of votes counted. Peters is also ranking member on the Senate Homeland Security Committee. James refused to concede. Peters “is currently ahead,” but “I have deep concerns that millions of Michiganders may have been disenfranchised by a dishonest few who cheat,” James said in a statement. He will accept the final result, “but at this time there is enough credible evidence to warrant an investigation to ensure that elections were conducted in a transparent, legal and fair manner.” It’s “an indescribable honor to be able to spend six more years” in the Senate, Peters said in a statement. At a later news conference, he called James’ fraud claims “sad and pathetic.” Half the vote remained unreported in the race between Sen. Dan Sullivan, R-Alaska, and Al Gross, an independent candidate running with Democrats’ backing. Sullivan led Gross by more than 67,000 votes, 62%-32%. Two other Senate Commerce members earlier won reelection (see 2011040052): Shelley Moore Capito, R-W.Va., and Ed Markey, D-Mass. One member, Sen. Cory Gardner, R-Colo., lost. Democrats and Republicans were each projected Thursday to hold 48 seats in the Senate. Most news organizations have declared that Democrats are keeping their House majority, though Republicans are expected to gain seats. Democrats are expected to hold at least 208 seats in the chamber and led in 13 others Thursday. Republicans are expected to hold at least 190 seats and led in 23 others.
Split control of Congress is now very likely to continue for another two years, based on votes counted through Wednesday afternoon. Observers we spoke with noted that continued uncertainty about the presidential race makes it hard to predict whether there’s a realistic possibility of a split Congress making progress on telecom policy. Not knowing whether President Donald Trump or Democratic nominee Joe Biden would win the White House is clouding expectations (see 2011040049).