O'Rielly Expects to Leave FCC This Week, He Tells Staff in Goodbye Video
Commissioner Mike O’Rielly’s departure from the FCC “looks to be on track for some point next week,” he said Friday in a goodbye email with an accompanying video message sent out to all FCC staff. In the video, O’Rielly said his “FCC end date is soon approaching in the days or weeks ahead.” His office said O’Rielly intends to serve the rest of his term, which could include Thursday’s commissioners’ meeting, depending on the confirmation status of his projected replacement, Nathan Simington. In the video, O’Rielly hinted at a future endeavor involving communications policy or lobbying the agency, and profusely thanked FCC staff. “Commissioners are temporary employees, merely visitors occupying a seat at the institution, until the next person arrives,” he said.
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The Senate now appears likely to vote Wednesday on invoking cloture on Simington and possibly also to confirm him, communications sector lobbyists told us. That’s in keeping with expectations from Senate Majority Whip John Thune, R-S.D., for a midweek confirmation vote (see 2012020069). Majority Leader Mitch McConnell, R-Ky., filed cloture on Simington Thursday (see 2012030059).
Senate GOP leaders appear assured of already having confirmed support from nearly all of their caucus for approving Simington, lobbyists and other officials said. McConnell wouldn’t “have filed cloture” on Simington if it weren't already clear that a majority of senators would vote to confirm him, said one lobbyist who follows GOP deliberations. All 48 Senate Democrats are expected to oppose Simington (see 2012010064), but that won’t be enough to sink his confirmation without at least three Republican defections, lobbyists said. All 14 Commerce Committee Republicans voted to advance Simington.
President Donald Trump’s administration and other Republican officials have been eyeing several senators not on Commerce as potential wild cards, but almost all of them now appear likely to back Simington, lobbyists said. It’s unclear whether Sen. Susan Collins, R-Maine, is still uncommitted on Simington, lobbyists told us. Sen. Lisa Murkowski's support wasn’t confirmed, but it’s now going to be “harder” for her to oppose Simington since fellow Alaska Republican Sen. Dan Sullivan is backing the nominee, a GOP lobbyist said. The senators didn’t comment.
Under the law governing FCC terms of office, a commissioner’s service doesn’t end until the term has expired or a replacement takes the oath of office, an FCC spokesperson confirmed. Simington could be confirmed early next week, but it isn’t clear how soon after that he would be sworn in. Though it's seen as unlikely, former FCC Commissioner Robert McDowell said it's technically possible for Simington to be sworn in the same day he’s confirmed. McDowell said FCC Chairman Ajit Pai could administer the oath to Simington, as then-Chairman Kevin Martin once did for McDowell. If Simington takes the oath before the meeting, O’Rielly would no longer be a commissioner. Neither Simington nor the FCC commented on the possible timing of his swearing-in or meeting attendance plans.
O'Rielly is "a consummate professional; he should be proud of himself,” said Georgetown Law Institute for Technology Law & Policy's Gigi Sohn, who served with O’Rielly as an aide to the commissioner’s frequent opponent, then-Chairman Tom Wheeler. “He stuck to his principles, and I certainly hope he will benefit from that,” she said. O’Rielly had “an extraordinarily successful” tenure at the FCC, said America’s Public Television Stations President Patrick Butler in an emailed statement. “We have been fortunate to work closely with Commissioner O’Rielly on issues ranging from ATSC 3.0 Next Gen TV services to educational children’s programming to public safety datacasting uses in America.”
In Friday's video, O’Rielly told his “FCC family” not to take it personally if he doesn’t visit after leaving because of the two-year “cooling off” period that keeps former FCC staffers from lobbying the agency. He also suggested he will stick around the communications arena after his FCC stint: “I suspect I will have more to say on communications matters in the next stage of my next career, whatever that may be.”
O’Rielly in his video thanked a host of employees, from his own staff to security and drivers. “I do wish I would have been able to express my appreciation to you in person,” O’Rielly said, referencing the pandemic and urging viewers to “wear a mask.” He said he always respected the dedication of FCC staff, “even when you found my ideas and desired direction dubious.” No one “should be remotely saddened or upset,” by his leaving, he said. “Some you in fact are probably elated, and that’s completely understandable,” he said. O'Rielly said he had always been able to find compromise, during both the Tom Wheeler and Ajit Pai commissions. “Character still matters," he said.