Rockefeller Helped Move Wheeler and O'Rielly Confirmations
Senate Commerce Committee Chairman Jay Rockefeller, D-W.Va., claimed responsibility for the swift confirmation by unanimous consent of FCC nominees Tom Wheeler for chairman and Mike O'Rielly for commissioner Tuesday evening, after Sen. Ted Cruz, R-Texas, lifted his hold in the afternoon. “As Chairman, Rockefeller was always deeply involved in moving Tom Wheeler and Mike O'Rielly’s nominations through the Senate,” a Senate Commerce Committee spokesman told us. “For weeks the Chairman was both publicly and privately urging his colleagues to approve these nominations, including at the Democratic Caucus lunch on Tuesday."
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On Tuesday, Senate Majority Leader Harry Reid, D-Nev., criticized the hold Cruz had placed on Wheeler, before Cruz lifted it. “In addition to writing two books, Mr. Wheeler has founded several technology companies, co-founded the largest online targeted news service and helped develop the U.S. government’s telecommunications policy,” Reid said on the Senate floor. “So what is stopping us from filling these vacancies with a bipartisan pair of nominees? The senator from Texas has stalled this nomination because he opposes legislation proposed by Democrats in Congress that would require shadowy groups that spend millions on political advertising to disclose their donors.” Cruz had pressed Wheeler on whether the FCC has the authority to enforce the provisions of the Disclose Act. On Tuesday Cruz said he was satisfied, noting Wheeler did not judge this issue to be an FCC priority.
Reid had filed cloture for Wheeler and other nominees Monday, which would have bypassed the Cruz hold. “Mr. Wheeler’s confirmation was a leadership priority, which is why Leader Reid included him in the list of six nominees considered this week,” the Senate Commerce spokesman added. “I'd note that Reid filed cloture well in advance of Senator Cruz lifting his hold. Rockefeller and Reid knew the votes were there on both sides of the aisle to confirm Wheeler if his nomination had been put up for a vote. In this scenario, Mr. O'Rielly would not have been confirmed at the same time because cloture was not filed on his nomination. Rockefeller clearly stated during the nominations process that the FCC has a lot of important work to do but it could not get done without a confirmed chairman, especially one as experienced and qualified as Tom Wheeler, and a full contingent of commissioners.”
But a broadcast industry lobbyist told us he didn’t find the confirmation timing to be all that quick. He expected a fast confirmation once the Cruz hold was lifted. He said Wheeler is close with David Krone, Reid’s chief of staff, which helps move the process along more quickly. Reid’s filing of cloture Monday did surprise the broadcast lobbyist -- a more unusual move for FCC nominees, he said. He guessed Reid would have scored the 60 votes needed for cloture but is not sure, he said.
Once Wheeler sat down with Cruz for a meeting, it’s no surprise the hold went away, the broadcast lobbyist said. All Cruz really wanted was a personal meeting, the lobbyist speculated. Wheeler and O'Rielly will be sworn in Monday, and while FCC acting Chairwoman Mignon Clyburn already has the agenda set for the November FCC meeting, it’s all Wheeler’s call starting in December, the lobbyist said.
Senate Commerce leaders expressed hopes for the commissioners’ priorities after the confirmation. “Tom Wheeler will be a strong advocate for consumers and the public interest at a time when the FCC is facing decisions that will shape the future of our nation’s telephone network and the wireless, broadband, and video industries,” Rockefeller said. “And Tom will be a partner in giving students access to the latest technology in their classrooms so they have the skills to compete and succeed in the twenty-first century workforce.” Wheeler “will competently and capably serve the nation” as FCC chairman, and O'Rielly “will use his extensive legislative background to advocate free market principles and a light regulatory touch,” said Senate Commerce ranking member John Thune, R-S.D. “I especially appreciate both nominees’ commitment to be mindful of rural communications issues as they craft the FCC’s agenda.”
Senate Communications Subcommittee Chairman Mark Pryor, D-Ark., wants to work with Wheeler, O'Rielly and the other three commissioners “to improve existing communication policies and to implement new ideas that will grow our economy and help strengthen our families, businesses, and local communities,” he told us in a statement. Sen. Ed Markey, D-Mass., also supports the confirmation, Markey’s spokeswoman said, citing a statement that he wants to work with Wheeler and O'Rielly “to protect consumers, promote competition and choice.”
O'Rielly has worked as policy adviser to Sen. John Cornyn, R-Texas. “Mike’s been a talented and valued member of my staff, and while he'll be missed on the team, I know he will be a great addition to the Commission,” Cornyn said.
"The FCC has an ambitious agenda ahead of it, including, first and foremost, successful implementation of the world’s first ever broadcast incentive auctions,” said House Commerce Committee ranking member Henry Waxman, D-Calif. He wants to help the agency “enhance competition, promote innovation and above all else, protect American consumers,” he said. Clyburn “has been a champion of the public interest and a steady steward of the agency at a critical time,” he added, citing her order on prison calling and focus on interoperability in the lower 700 MHz band. (jhendel@warren-news.com)