Thune Eying Senate Vote This Week on FTC Nominees, After Senate Commerce Advances Slaughter

The Senate Commerce Committee advanced FTC nominee Rebecca Slaughter Wednesday on a voice vote, setting up a potential final confirmation vote on her and President Donald Trump's four other nominees to the commission as soon as Thursday. The committee put forward the four other FTC nominees during a February markup, including antitrust lawyer Joseph Simons, whom Trump plans to designate chairman (see 1802280044). The other nominees are former Consumer Financial Protection Bureau Assistant Director Rohit Chopra; Noah Phillips, aide to Senate Minority Whip John Cornyn, R-Texas; and Delta Air Lines' Christine Wilson (see 1801250055 and 1801250066).

Two CPB board nominees and the Precision Agriculture Connectivity Act (S-2343) also advanced on voice votes. The board candidates are Rubydee Calvert, longtime general manager of Wyoming PBS, and Laura Gore Ross, a lawyer and former chief of staff to the New York attorney general's office (see 1804040059). S-2343 and House companion HR-4881 would direct the FCC to establish a task force to identify internet connectivity gaps in agricultural areas (see 1801250059). The bill was one of more than two dozen the House Communications Subcommittee examined during a January hearing on broadband legislation (see 1801300051). America's Public Television Stations lauded the CPB nominees' advancement.

Senate Commerce Chairman John Thune, R-S.D., told us he's “going to try and hotline” all five FTC nominees for consideration “and see what the reaction is.” If “we get pushback on that, then obviously we will take that into consideration,” he said. “It's going to take unanimous consent to get any of them through now.” Thune clarified that he hopes to secure Senate confirmation on all five this week, after stating during the meeting that he hoped the chamber would vote on the full slate “expeditiously, perhaps even next week.” The House and Senate are both off for a weeklong recess next week.

Senate Commerce ranking member Bill Nelson, D-Fla., wouldn't forecast whether the Democrats would agree to move all of the FTC nominees under unanimous consent. “Let me talk to [Thune], because we haven't had that conversation,” Nelson said. “I don't want to talk out of turn.” Two communications sector lobbyists believe Democrats will back moving under UC, saying the main hurdle to the process has been Senate Minority Leader Chuck Schumer, D-N.Y., who wanted to ensure Slaughter, his former chief counsel, would be confirmed in tandem with the other four commission nominees. Thune also cited Schumer's influence in the confirmations process (see 1804110054). Schumer's office didn't comment.

Both parties may feel additional urgency to get all five confirmed to the FTC soon since current Democratic Commissioner Terrell McSweeny is to leave the commission Friday, one industry lobbyist said. McSweeny's departure will leave the FTC with only one sitting commissioner -- Republican acting Chairman Maureen Ohlhausen. McSweeny told us earlier this week she considered staying in office until the next slate of commissioners is confirmed but is confident they will be in office soon (see 1804240054). CTIA and the Internet Association called for swift Senate confirmation of all five FTC nominees.

Slaughter deflected a post-confirmation hearing question from Thune asking her why Hill Democrats' “A Better Deal” economic policy platform, which she worked on before its July release, urged tougher scrutiny of the telecom industry but decided “not to mention the tech sector as an industry in need of careful scrutiny and enforcement.” U.S. antitrust laws “are not industry specific” and therefore “do not exempt or excuse technology companies from enforcement,” Slaughter responded. “There are several areas within the broad universe of technology where markets are particularly concentrated, and sectors with high levels of concentration merit scrutiny because they are where anticompetitive conduct and effects may be more likely to occur.” She repeated in response to Sen. Dan Sullivan, R-Alaska, her earlier assertion that federal law “does not treat size alone as a basis for antitrust enforcement. However, size is often correlated with market share. Companies that acquire or maintain their size and market share through anticompetitive conduct are and must be subject to the scrutiny of our antitrust laws and enforcement agencies.”