Wheeler, O’Rielly Confirmed After Cruz Lifts Hold on Wheeler
The Senate confirmed Tom Wheeler as FCC chairman and Michael O'Rielly as commissioner, once again bringing the agency up to five members. The action announced after our deadline Tuesday evening came after Sen. Ted Cruz, R-Texas, met with Wheeler and subsequently lifted his hold on the nomination. Senate Majority Leader Harry Reid, D-Nev., on Monday filed for cloture, a procedural motion seeking to end debate on the Wheeler nomination (CD Oct 29 p8).
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"In our meeting this afternoon, Mr. Wheeler stated that he had heard the unambiguous message that trying to impose the requirements of the DISCLOSE Act, absent congressional action, would imperil the Commission’s vital statutory responsibilities, and he explicitly stated that doing so was ‘not a priority,'” Cruz said in a written statement. “Based on those representations, I have lifted my hold on his nomination, and I look forward to working with him on the FCC to expand jobs and economic growth.”
Industry officials told us that this week offered one of the best chances for Commerce Committee Chairman Jay Rockefeller, D-W.Va., to get the Senate to approve the nominations of both Wheeler and Republican O'Rielly, nominated for the commission’s other open slot. “Filing for cloture is significant and makes this different than the unanimous consent process usually used for nominations,” said John Nakahata of Wiltshire & Grannis, former FCC chief of staff and a former Senate aide. Cruz’s hold against a vote on Wheeler foiled an attempt earlier this month at a hotline to pave the way for a unanimous consent approval.
Free State Foundation President Randolph May had hoped for a quick resolution to the Cruz hold, he said. “I'm not in favor of the FCC getting into the campaign finance disclosure area and attempting to impose by regulation what Congress has refused to legislate.”