Senate Democrats Rally for Wheeler, Waiting on Republican Pick

Several Senate Commerce Committee Democrats support Tom Wheeler, President Barack Obama’s nominee for FCC chairman (CD May 1 p1), they told us in interviews at the Capitol this week. Many Democrats had previously endorsed current FCC Commissioner Jessica Rosenworcel to become chairman after Julius Genachowski departs the agency. The Senate Commerce Committee hasn’t scheduled Wheeler’s confirmation hearing. Chairman Jay Rockefeller, D-W.Va., told reporters Monday it could come before the end of the month.

Rockefeller doesn’t anticipate any hurdles with the Senate’s pending consideration of Wheeler, the senator said in an interview. “I don’t think so, not from me,” he said. “I didn’t get my first choice, but I haven’t run for president either.” Rockefeller previously urged Obama to pass the gavel to his former Commerce aide, Rosenworcel, in a letter signed by 37 Democratic senators. Rockefeller had criticized Wheeler’s lobbying experience as former president of NCTA and CTIA (CD April 10 p3) but told us Tuesday he’s no longer concerned: “It’s in the past. He'll be fine.” Industry and government officials said this week that if the White House sends the Wheeler nomination to the Senate, it will put pressure on Senate Republicans to pick a GOP nominee to replace outgoing Commissioner Robert McDowell. Senate Minority Leader Mitch McConnell, R-Ky., and Senate Commerce Committee ranking member John Thune, R-S.D., are widely seen as the key senators in recommending someone to the White House.

It’s probably a good thing that Rockefeller had said he wants to hold a confirmation hearing by the end of the month, said an industry lobbyist. “That won’t happen, but it puts Mitch McConnell and Thune on notice that you better get a Republican name up here because we're moving on.” The Wheeler and Republican nominations don’t “have to go together, but the chances are they'll end up together,” the lobbyist said. A telecom attorney and former Senate staffer said the risk for Republicans is if they don’t move, the Wheeler nomination could get tied to something else, complicating a McDowell replacement: “In general, I would think the message to Republicans is hurry up and get somebody up here."

But one telecom lawyer said he doesn’t expect Republicans to hurry. “Mitch McConnell is focused on getting the right candidate rather than trying to accommodate the White House’s schedule,” the lawyer said. “The FCC can operate with three commissioners led by acting Chair [Mignon] Clyburn, and he knows that. On the flip side, wireless carriers want the incentive auction order produced as soon as possible, and a delay in Wheeler’s confirmation is a delay in getting the auction going, so they may plead with the McConnell office to speed things up. But at the end of the day, Mitch McConnell will work at his own pace."

Sen. Claire McCaskill, D-Mo., said Wheeler has her endorsement: “I think he’s going to be a fine chairman.” Wheeler is “obviously qualified,” she said. “He knows this area of public policy like the back of his hand. I don’t see anything that would indicate a problem other than if it’s just partisan mucking around.” Sen. Amy Klobuchar, D-Minn., said she thinks Wheeler would be a good FCC chairman, and hadn’t heard anything on the timing of his confirmation hearing.

Two Republicans on the Senate Commerce Committee said they're still evaluating Wheeler’s resume, and promised to give him fair consideration at his forthcoming confirmation hearing. Thune doesn’t know Wheeler well, the senator said. “He has a lot of experience -- a venture capitalist, cable television, wireless -- so he is a guy who has pretty significant, extensive experience in the areas that he would be dealing with at the FCC. We get good feedback, at least initially, but we have got to go through a process and look at his background and we'll make sure he gets a fair and thorough examination and a fair process.” Republicans “haven’t reached a decision on Wheeler,” and will consider his nomination under a “fair and open process,” said Sen. Marco Rubio, R-Fla. “We give great deference to the president’s appointments,” he said. “We are looking at that, we are studying it and we will have a more firm position on it soon."

Sen. Bernie Sanders, I-Vt., said he’s withholding his endorsement of Wheeler until he hears more about his views on media consolidation. “The one issue that concerns me is concentration of ownership in the media. We have fewer and fewer large multimedia conglomerates that control what the American people hear, see and read. There has been an effort in recent years to dilute the cross-ownership rule,” he said. “This to me is an enormously important issue, and I want to hear what Mr. Wheeler has to say on that.” Sanders said last week he was troubled by Wheeler’s prior lobbying experience (CD May 2 p1).

A few candidates have been approached for the Republican nomination, including Christopher Yoo, a law professor at the University of Pennsylvania Law School, said industry and government officials. Several Hill staffers led by Michael O'Rielly, an aide to Sen. John Cornyn, R-Texas, remain top contenders. Former Oregon regulator Ray Baum, aide to House Communications Subcommittee Chairman Greg Walden, R-Ore., also remains in the running.

One advantage O'Rielly has is that he’s known in the McConnell office. Before signing on with Cornyn, O'Rielly worked for former Republican Whip Jon Kyl, R-Ariz., who retired from the Senate at the end of the last Congress, said former Senate staffers. O'Rielly represented McConnell and Kyl during negotiations on the spectrum provisions of the Middle Class Tax Relief and Job Creation Act of 2012. Commissioner Ajit Pai emerged as the nominee in part because of his ties to McConnell, through McConnell Deputy Chief of Staff Rohit Kumar (CD Dec 30 p1).