Doubts Remain on 2018 FCC Nominees' Confirmations Amid Potential Early Senate Close

Widespread doubts about the likelihood of Senate confirmation this year of FCC Commissioner Brendan Carr to a full five-year term and Democratic FCC nominee Geoffrey Starks remained Wednesday, despite the likely impending end of one of two holds on Carr. Sen. Joe Manchin, D-W.Va., said he's close to lifting his hold. Sen. Dan Sullivan, R-Alaska, said he was still maintaining his hold. Senate leaders intend to move Carr and Starks as a pair.

Holds on Carr are the primary reason the Senate has not confirmed the nominees (see 1812180047), but other factors were also conspiring Wednesday to hinder their chances this year. Expectations were growing the Senate could begin its Christmas recess at the close of its Wednesday session, which would effectively end the chamber's activity this Congress. President Donald Trump would need to renominate Carr and Starks for the Senate to reconsider them in 2019.

Manchin said Wednesday he had gotten "some satisfaction" from the FCC on his concerns about the commission's decision to suspend the window for responding to Mobility Fund Phase II challenges while it investigates whether wireless carriers submitted incorrect broadband coverage maps (see 1812070048). "We seem to be close" to resolution, Manchin said in a brief interview. He initiated the hold last week (see 1812140047).

Manchin told us Tuesday he wanted FCC Chairman Ajit Pai to commit "to setting a specific time to have the investigation done, to get this thing back on track for rural broadband and also that we can get a set-aside for rural high-cost areas." West Virginia has “very difficult terrain” and without a rural high-cost set-aside, “you won't get anybody to bid on” spectrum in the state in the MF-II auction, Manchin said. He had a “nice conversation” Tuesday with Carr about the hold being based on the MF-II concerns and not any personal objections to reconfirmation. The FCC and Manchin's office didn't comment.

Senate Communications Subcommittee Chairman Roger Wicker, R-Miss., said it would be a "heavier lift" to end Sullivan's hold, but a solution is still possible. Sullivan began his hold on Carr earlier this year over concerns about FCC handling of the USF Rural Health Care Program, but this has seen substantial progress toward a solution (see 1809130059 and 1812140047). Some say the program overall needs more money (see 1812190057).

Senate Majority Leader Mitch McConnell, R-Ky., said on the Senate floor he would seek a Wednesday vote on a continuing resolution to fund through Feb. 8 the FCC, FTC and other federal government agencies whose FY 2019 spending bills haven't been enacted. CR passage would avert a partial government shutdown that would otherwise begin at midnight Friday. The FCC released a slightly updated shutdown plan Tuesday (see 1812180056). Senate Democrats will back passage of the CR, said Senate Minority Leader Chuck Schumer, D-N.Y. A Wednesday vote on the CR would make it all but certain the Senate would adjourn that evening, several communications sector lobbyists said.

The scope of an end-of-the-year confirmations package of Trump nominees that would be the vehicle for approving Carr and Starks under unanimous consent was in question Wednesday because Schumer is no longer willing to back also confirming a set of judicial nominees, a Senate Democratic aide said. Schumer faced pressure from liberals to not allow easy confirmation of Trump-nominated judges after a recent U.S. District Court ruling in Fort Worth against the Affordable Care Act, the aide said.

Americans for Prosperity urged the Senate Wednesday to confirm Carr, calling him a “dependable, consistent voice for regulatory reform, protecting consumers, and a culture of permissionless innovation.” A right-leaning communications sector lobbyist noted support within the industry for advancing Carr this year stems in part from his pairing with Starks. Some industry stakeholders view Starks as the most moderate Democratic nominee they are likely to see for the next few years. Carr's current term ended June 30, but he can remain through the end of 2019.