Starks Confirmed to FCC, Carr Gets Full Term; Agency to Be Back at 5 Members

Amid a federal shutdown, the Senate established some stability at the FCC Wednesday night, confirming Brendan Carr to another term as commissioner and Geoffrey Starks to the open slot vacated by Mignon Clyburn (see 1901020056). Absent Senate confirmation, both nominations would have expired, and President Donald Trump would have had to renominate both.

The package of nominees moved very quickly, catching some by surprise. With all the recent holds being on Carr’s nomination, Starks had been mostly keeping his head down, hoping for the best while he continued to work at the Enforcement Bureau, supporters said. It's unclear when Starks will take office, with the White House needing to complete its paperwork.

Starks is expected to have a modest swearing-in ceremony, possibly in Chairman Ajit Pai’s office, similar to the way Jessica Rosenworcel last took her oath of office, though whether before or after the shutdown ends is unclear, industry officials close to Starks said. Starks didn’t comment. Typically it takes about a week for paperwork to get from the White House to the FCC, but it could take longer given the more than 60 nominees confirmed on voice vote Wednesday and the number of furloughed administration staffers.

“I look forward to continuing the work my colleagues and I are doing to help the U.S. win the race to 5G and bring more broadband to more Americans,” Carr said. "Not sure what took you so long, but I could not be happier to congratulate and welcome Geoffrey Starks as a colleague," he tweeted. Pai and Rosenworcel offered congratulations (here and here).

Hill Moves

Senate leaders had been exploring how to include unanimous consent (UC) confirmation of Carr and Starks in an end-of-session package. They secured spots on the roster Wednesday evening, Senate sources and lobbyists told us. A narrower confirmations package, without Carr, Starks and others, was considered a more likely outcome earlier Wednesday (see 1901020053). Some lobbyists said Senate leaders may have moved to confirm a larger-than-expected package of nominees as a show of “good faith” amid the acrimony over border wall funding that perpetuated the partial government shutdown, which reached its 13th day Thursday.

Carr had visited Capitol Hill to get Sens. Joe Manchin, D-W.Va., and Dan Sullivan, R-Alaska, to lift their holds on his and Starks' nominations, an official said. The holds delayed Starks' confirmation because Senate leaders insisted on moving the FCC nominees as a pair. The end of those delays came in December (see 1812200060). Carr was said to have urged supporters in both parties to ask Senate Majority Leader Mitch McConnell, R-Ky., and Minority Leader Chuck Schumer, D-N.Y., to advance the nomination.

Incoming Senate Commerce Committee Chairman Roger Wicker, R-Miss., told us confirmation was a “great development” given the monthslong push to advance the two. Ex-Senate Commerce Chairman and new Majority Whip John Thune, R-S.D., had been aiming since June to fast-track the confirmation (see 1806120047). Wicker said he understood McConnell and Schumer agreed only Wednesday night to include the FCC nominees in the confirmations package and wasn't privy to the final negotiations or what factors prompted the shift. “These things sometimes have a way of working out," he told us. Wicker confirmed he and Thune were both active Wednesday in pushing the Senate leaders to confirm Carr and Starks under UC.

Thune and now-House Commerce Committee ranking member Greg Walden, R-Ore., lauded the confirmations. It “finally gives a full FCC to decide important questions about spectrum management, the deployment of broadband to underserved communities, and building next generation wireless networks,” Thune said. “We’ve got an important job to do to improve our nation’s communications systems,” Walden said.

Relief

Officials on the left and right told us Thursday it’s a relief that the Senate acted. “There’s finally a full complement of commissioners,” said Gigi Sohn of the Georgetown Law Institute for Technology Law and Policy and Benton Foundation. “Now the FCC can operate the way it should. … I’m looking forward to how Starks fills Clyburn’s shoes.” Starks should provide “a very important voice” at the commission, Sohn said.

“One of my new year's wishes is for a little more participatory democracy and a little less authoritarianism at the commissioner level,” said former Commissioner Michael Copps, now at Common Cause. “That's up to the chairman to jump-start.”

“With the clock nearly run out amid another government shutdown, I was expecting 2019 to be another year of drawn-out nominations and confirmation hearings, all the while leaving a key government agency understaffed,” said Tom Struble, R Street Institute technology policy manager: “Thankfully, that won't be the case, as the two agencies charged with protecting consumers and competition in key technology sectors, the FCC and the FTC, are both now back at full strength.”

“There was no legitimate basis for holding up either confirmation,” said Geoffrey Manne, president of the International Center for Law & Economics. “At least the Senate reached the right result in the end. While Starks’ confirmation won't likely change the outcome of most commission votes, it is nonetheless important to have such a knowledgeable and experienced voice on the commission, even, or especially, in dissent.”

Not About Starks

“The holds and hold-ups were never about Starks, but it still seemed like the pair might fall prey to Senate politics and shutdown nonsense,” said Matt Wood, Free Press policy director. “It’ll be good to have the FCC back at full strength soon, and to see Starks get started on this important job.”

"Getting Stark renominated, then reconfirmed, could have been a real sore point between Hill Democrats and Republicans at a time when things like broadband infrastructure may present opportunities to work together," said Public Knowledge Senior Vice President Harold Feld. "This removes a potentially serious distraction/irritant, while improving the overall operation of the FCC.”

“Carr is a known commodity at this point and Starks seems likely to focus on maximizing enforcement and, in particular, penalties,” said Berin Szoka, TechFreedom president.

“Stability at the FCC couldn’t be more important given the visibility of communications policy issues,” said Bartlett Cleland of Madery Bridge Associates. “The game-playing with nominees needs to end. Hold a hearing, explore ideas, express concern or support and move to a vote, but, specifically where innovation is concerned, such things should move quickly.”

Stakeholders were happy the FCC returns to its full complement of members.

It's "good to see the FCC back to ‘full strength,’" said Competitive Carriers Association CEO Steve Berry. "Broadcasters look forward to working with an FCC that now has its full complement of five members," said NAB CEO Gordon Smith. AT&T (here) and Verizon called Carr a "champion" of 5G, and they and others praised Starks. The American Cable Association hopes for "consensus-driven outcomes worthy of widespread support." The Multicultural Media, Telecom and Internet Council said Carr "is an innovative and knowledgeable leader whose door was always open to MMTC" on digital inclusion and minority advancement issues, and Starks "is known to deeply believe in the importance of Universal Service programs such as Lifeline."

Others issuing laudatory statements included: CenturyLink, the Computer & Communications Industry Association, Incompas, Internet Innovation Alliance, NCTA, NTCA, United Technology Council, USTelecom and Wireless ISP Association.