CBC Leaders Endorse Smith for FCC Chair

Some Congressional Black Caucus leaders urged President Joe Biden to nominate DLA Piper’s Smitty Smith as FCC chairman, amid lawmakers' amplified calls for the administration to name people of color as commissioners. Lawmakers and others told us there’s uncertainty about Biden’s timeline for selecting a nominee to cement a Democratic FCC majority, seen as necessary to make changes to net neutrality rules and other potentially controversial matters, given the current 2-2 split (see 2101060055).

CBC Chair Rep. Joyce Beatty of Ohio, First Vice Chair Rep. Steven Horsford of Nevada and five other caucus Democrats wrote Biden earlier this month to “strongly recommend” Smith as permanent FCC chairman instead of acting Chairwoman Jessica Rosenworcel. Smith was a member of the Biden transition’s FCC landing team (see 2011160048) and has been considered a contender for the chairmanship since immediately after Biden won the November presidential election. Other CBC Democrats backing Smith are House Democratic Caucus Chairman Hakeem Jeffries of New York, Colin Allred of Texas, Antonio Delgado of New York, Gregory Meeks of New York and Terri Sewell of Alabama.

There’s “more than one candidate that” CBC’s “membership can support,” but Biden should “give Smitty your full consideration” with “our highest recommendation,” Beatty and the other CBC members said. Smith “is a proven public servant who brings a wealth of experience and has demonstrated that he is not only a champion for underserved communities but also a valuable and reliable member of the Biden-[Kamala] Harris team.” He “is known and respected by the FCC’s career staff and leadership because he has worked with them for years,” including as a legal adviser during Tom Wheeler’s chairmanship, the lawmakers said. “Smitty is a defender of net neutrality, has gotten real results in working to close the digital divide, and has spearheaded the charge to ensure American leadership in 5G. He helped craft your administration’s telecommunications agenda.” Smith represented T-Mobile in its purchase of Sprint, DLA Piper said.

Smith, Beatty and the other CBC signatories didn’t comment Wednesday.

CBC members haven’t uniformly coalesced around Smith or any other candidate for the chairmanship or the vacant FCC seat. Another group of CBC members, including Rep. Emanuel Cleaver, D-Mo., asked Biden to name Commissioner Geoffrey Starks as FCC chair. Starks has backing from the NAACP, Color of Change, Joint Center for Political and Economic Studies, and National Action Network.

Other CBC members remain neutral. House Commerce Committee member Yvette Clarke, D-N.Y., told us she's “agnostic” on who Biden should name as chair because “we have several great candidates,” including Rosenworcel and Starks. Any of them “could easily” lead the commission, she said: “We need more diverse perspectives” on the FCC, “which is important given how communications impact communities of color." Clarke noted that Rosenworcel or Starks would increase the FCC’s diversity as chair.

Hispanic Caucus

Senate Communications Subcommittee Chairman Ben Ray Lujan, D-N.M., and Congressional Hispanic Caucus Chairman Rep. Raul Ruiz, D-Calif., told us they’re continuing to urge Biden to name a member of Latino community to the FCC seat that then-Chairman Ajit Pai vacated in January. Lobbyists told us CHC members have cited three candidates: Wiley’s Anna Gomez, Free Press co-CEO Jessica Gonzalez and National Hispanic Foundation for the Arts Chairman Felix Sanchez.

Ruiz wouldn’t say whether he pressed the president on Latino FCC representation during a meeting last week between Biden and CHC leaders. Lujan said he more generally “raised the issue” of needing a “full functioning FCC, especially” amid the pandemic. Biden “highlighted his commitment to Latino representation throughout the Administration” during that meeting, a White House spokesperson said.

“There are several qualified Hispanic” candidates for the FCC, and CHC members are pointing “the White House and anyone else who will listen” in the direction of those candidates, Lujan said. “The folks that I have visited with have been open and receptive and also understand the importance of having a fifth” commissioner. “I know this is a priority” for Biden, given the range of issues the FCC needs to tackle that could prove “transformational,” including “getting more students and families connected” to broadband, Lujan said.

Biden appears to be “actively considering nominating a Hispanic to fill an FCC position,” Ruiz said. The last person to represent the Latino community on the commission, Gloria Tristani, left in September 2001 (see 0109110015). “There’s a technology gap with the lack of access to broadband within” the Hispanic community “that needs to be addressed,” Ruiz said. “We need somebody with insights and knowledge of the community and the barriers they face to be appointed so that we can close that gap.”

Diversity

Senate Commerce Committee Chair Maria Cantwell, D-Wash., and other lawmakers would also like the fifth FCC seat to go to a person of color.

“Diversity right now is important everywhere,” including at the FCC, Cantwell said. More diverse commissioners would “bring different opinions about” the issues the agency will tackle in coming years. “So many of the questions about broadband right now are focused on improving access when affordability is an issue, too,” including for communities of color, she said.

Sen. Tammy Duckworth, D-Ill., told us she wants Biden to nominate an Asian American to the FCC. Duckworth temporarily threatened last month to hold up confirmation of some nominees amid concerns that the Asian American and Pacific Islander community isn’t adequately represented in the administration. The White House later committed to improve AAPI representation in future nominations and appointments.

The Multicultural Media, Telecom and Internet Council encouraged the administration to improve diversity on the eighth floor and isn’t voicing a preference for any one nominee, said President Maurita Coley. She noted 74% of the 82 FCC commissioners have been white men, with 15 women, seven Black people, three Latinos and two Asian Americans having served. All previous permanent FCC chairs have been men.

A more “diverse agency has better credibility when it regulates in the interest of a multicultural democracy,” Coley said. A “diverse commissioner who has the experience and sensitivity to address the needs of marginalized and underserved communities, and who understands the significance of diverse ownership, deployment, procurement and outreach would benefit the commission’s leadership and decision-making processes.”

The National Hispanic Media Coalition believes it’s “critical that the fifth commissioner be” from the Latino community, said CEO Brenda Castillo. NHMC, like the CHC, suggested the job go to Gomez, Gonzalez or Sanchez. The group isn’t taking a position on who should be permanent FCC chair because “we have worked closely” with both Rosenworcel and Starks, she told us.

The absence of a Latino commissioner over the past 20 years “is something we don’t take lightly,” since Latinos are almost 19% of the U.S. population, Castillo said. FCC initiatives like Lifeline, net neutrality, media ownership and licensing “gravely affect our” community. Latinos are “one of the largest marginalized groups in this country,” she said. “We need our voice represented on the eighth floor of the FCC.”

Uncertainties

It’s unclear how the CBC leaders’ endorsement of Smith will affect Rosenworcel’s chances of becoming permanent chair, lobbyists told us. Rosenworcel’s prospects have been seen as improving in recent months (see 2103020049). Some lobbyists noted that Demand Progress, Fight for the Future and other backers of a return to FCC 2015 net neutrality rules urged Biden in March against naming Smith or anyone else with telecom industry ties as the commission’s third Democrat (see 2103110065).

The FCC didn’t comment. Many congressional Democrats publicly back Rosenworcel, including Lujan, Senate Consumer Protection Subcommittee Chairman Richard Blumenthal of Connecticut, and a number of House Democratic women, including Rep. Anna Eshoo of California (see 2102220057). Rosenworcel's supporters also include public safety entities, education groups and unions.

Wheeler is seen as opposing Rosenworcel behind the scenes, and he’s believed to have influence in the Biden administration, lobbyists said. Wheeler told us he doesn’t know who will be the next chair. He nixed rumors he would seek to come back: “I can assure you I am happily retired and not seeking to return to the FCC.”

Targeted Victory Vice President-Public Affairs Nathan Leamer assumes Rosenworcel will get the nod and asked “why the delay” on naming a third commissioner. “At this rate, it won’t be until late summer at the earliest [that] the FCC would be full strength," he said.

Observers disagree on the significance of Biden’s delay in choosing a permanent FCC chair. “In ordinary times, I agree it would be glaring,” said Capitol Resources telecom lobbyist John Simpson. “But you've got an” administration “that is hyper focused on huge ticket items” like the push for an infrastructure legislative package. “I think this is more of a case of there is no hurry, because [Rosenworcel] is doing a good job, and there are other priorities that are much more important.”

Biden’s delay isn’t unprecedented. President Bill Clinton in 1993 didn’t nominate Reed Hundt until June 29, and the Senate didn’t confirm him until Nov. 29.

“I am frustrated and disappointed, but not surprised,” said Benton Institute for Broadband & Society Senior Counselor Andrew Schwartzman: “Congress and the White House have faced unprecedented challenges dealing with the economic and public health conditions arising from the pandemic. That, plus the far greater polarization in the Senate, has delayed many appointments.”

“Compared to most previous administrations transitions, the … sub-cabinet level appointments, such as FCC chair and the vacant regular commissioner slot, are taking longer than average,” said Cooley’s Robert McDowell, a former commissioner: “A third of 2021 is behind us,” with no nominees for FTC chair, NTIA administrator, assistant attorney general for antitrust, Pentagon chief information officer and other positions relevant to telecom and tech.