The nomination of Republican FCC commissioner Michael O'Rielly for a new, five-year, term on the FCC has been favorably reported out of the Senate Commerce Committee and now moves to the full Senate for a vote.
That came by voice vote Wednesday (July 22), but with ranking member Maria Cantwell (D-Wash.) voting no, even though, procedural, she was the one to propose that it be reported favorably. Also asked to be recorded as "no" on the O'Rielly nomination were Sens. Amy Klobuchar (D-Minn.), Richard Blumenthal (D-Conn.), and Brian Schatz (D-Hawaii). The other committee Democrats said they, too, opposed the nomination.
In explaining her no vote, Cantwell pointed out that in 2018, the U.S. Office of Special Counsel concluded that O'Rielly had violated the Hatch Act with political comments made at the Conservative Political Action Conference (CPAC) conference.*
O'Rielly was issued a warning letter that a repeat of such statements could incur more than a warning. O'Rielly countered that he disagreed that an offhand remark was a violation, but said he took the warning seriously.
Cantwell also said that O'Rielly "had recently injected, I believe, politics into part of the spectrum issue," which she said she found "disturbing." She did not elaborate.
In contrast, Committee chairman Roger Wicker (R-Miss.) said he looked forward to advancing O'Rielly's nomination. He said he appreciated O'Rielly's commitment to the speedy deployment of broadband, particularly given the pandemic and the greater reliance on connectivity, as well as his commitment to insuring it was targeted to areas that need it most.
Like his fellow Republicans, O'Rielly wants the FCC to focus on the unserved first, rather than overbuilding existing service.
O'Rielly's term expired at the end of June 2019, but commissioners can continue to serve until the close of the next Congress. The new term would date from July 1, 2019.
O'Rielly, who has been on the FCC since 2013, is a conservative former Hill staffer who generally favors deregulation, including of ISPs, and lifting media ownership rules given the rise of competition from cable and broadband and satellite, and was instrumental in loosening KidVid regs on TV stations.
He has also pushed for the FCC to collect better data on broadband availability before handing out billions for 5G buildouts.
“It is with deep appreciation that I thank the Members of the Senate Commerce Committee, especially Chairman Wicker for his support, along with Subcommittee Chairman Thune and the other members of the Committee, for considering and favorably recommending to the full Senate my nomination to serve a new term at the FCC," said O'Rielly. "The Committee takes its constitutional role in considering nominations seriously, and I am very pleased to have garnered the support of a bipartisan majority of Members.”
“Charter congratulates Commissioner Mike O’Rielly on his confirmation by the Senate Commerce Committee for another term at the Federal Communications Commission," said the company in a statement. "During his time at the FCC, Commissioner O’Rielly has demonstrated a strong commitment to creating a regulatory environment that encourages broadband buildout and has consistently promoted balanced spectrum policies that drive American innovation forward. As people across the country have become increasingly reliant on connectivity in response to the COVID-19 pandemic, Commissioner O’Rielly has pushed to significantly expand broadband to those who still lack access. We look forward seeing Commissioner O’Rielly’s re-nomination confirmed by the full Senate.”
“ACA Connects' welcomes the Senate’s reconfirmation of Michael O’Rielly as FCC Commissioner," said association President Matt Polka. "He has long shown that he is serious and thoughtful and willing to act in the best interests of the public. From ACA Connects standpoint, we have had the good fortune to work with Commissioner O’Rielly for many years and have always found that his door is open and that he is willing to listen to the concerns of small cable and broadband operators. We look forward to continuing this relationship."
“NATE [the Communications Infrastructure Contractors Association] congratulates Michael O’Rielly on advancing through the next step in this process and encourages the U.S. Senate to act quickly to confirm the Commissioner’s renomination,” said association president, Todd Schlekeway. “Having continuity of leadership on the Commission is crucial given the myriad of wireless infrastructure, broadband, spectrum and workforce development issues currently confronting the industry. Commissioner O’Rielly is a proven problem-solver and the Association looks forward to continue collaborating with him and his excellent staff for another term."
“We applaud the Senate Commerce Committee’s approval of Commissioner Mike O’Rielly’s renomination to the FCC for a five-year term," said NCTA-the Internet & Television Association. "Throughout his career, Mike has distinguished himself by advancing policies that promote competition and continued innovation in the communications marketplace while helping Americans thrive in today’s digital world. His forward-thinking leadership has aided the FCC in modernizing the media marketplace, in removing regulatory obstacles that discourage investment, and in opening up new spectrum bands for unlicensed use that can support the continued health and growth of Wi-fi and consumer wireless technologies. We urge the Senate to confirm the Commissioner for this new term.”
"Commissioner Michael O'Rielly has been a champion of policies that promote a healthy and dynamic communications ecosystem that serves American consumers well," said Kathy Grillo, Verizon SVP. "Among other things, Commissioner O'Rielly has been instrumental in the FCC's efforts to identify and make available spectrum for 5G. We congratulate the Commissioner on today's committee vote, and hope that the full Senate will quickly take up his renomination."
* Asked at a CPAC panel session how to avoid the regulatory issue ping-pong of changing administrations, O'Rielly said: "I think what we can do is make sure as conservatives that we elect good people to both the House, the Senate, and make sure that President Trump gets reelected." O'Rielly told the special counsel he was not advocating for the President's election but meant to relay the point that "the only way to retain that current outcome was to maintain the current leaders in government. In other words, retaining the current Administration is the only sure way to prevent regulatory ping-ponging.”