How Democrats Could Regulate Internet Even After Trump Takes Office

By Fred Lucas

Democrats could maintain control of the agency making rules about the internet and other communications issues even after Donald Trump becomes president, as Democrats are pushing to lift the hold on President Barack Obama’s nominee to serve a second five-year term on the Federal Communications Commission.
Outgoing Senate Democratic leader Harry Reid, D-Nev., is trying to lift the hold Republicans have on FCC Commissioner Jessica Rosenworcel’s reconfirmation, according to Americans for Tax Reform and Capitol Hill sources.
“This would not be a vote for Jessica, but it would be voting against allowing President Trump to choose his own nominee and that’s not a good idea,” Katie McAuliffe, federal affairs manager for Americans for Tax Reform, told The Daily Signal.
The opposition to her reconfirmation also has much to do with the often controversial FCC Chairman Tom Wheeler’s lack of clarity on whether he will resign from the commission after Trump takes office.
“I serve at the pleasure of the president. I am committed to a smooth transition. I have not decided on a departure date, but I will keep you posted,” Wheeler said at a press conference last week.
If Wheeler remains on the FCC, the Trump administration would likely demote him from the chairmanship. However, he could still be a voting member, giving Democrats a 3-2 edge if Rosenworcel is reconfirmed. Without Rosenworcel, the vote would be a 2-2 tie between Republicans and Democrats.
Neither Wheeler nor Rosenworcel responded to inquiries from The Daily Signal for comment.
It would be up to Senate Majority Leader Mitch McConnell, R-Ky., to schedule a vote before the congressional recess. McConnell spokesman Robert Steurer said there are no updates or announcements on any nominees.
Neither the White House nor Reid’s office responded to inquiries from The Daily Signal for comment.
It is almost certain Wheeler wants to stay on the commission, and the Senate Republican majority should not make a deal with Obama and Reid on this matter, McAuliffe of Americans for Tax Reform said.
“Some Republicans don’t understand the full ramifications of this, that communications are about as big a part of the economy as health care,” McAuliffe said. “The way Chairman Wheeler has been behaving, Senate Republicans should not reward bad behavior. This is not a risk they should take.”
Potential votes under the new administration where Democrats would have an edge are regulating the internet under the 1934 Communications Act, similar to airwaves or public utilities, the regulation of cable set-top boxes for TVs, and proposed mergers such as that of AT&T and Time Warner, said Lawrence Spiwak, president of the Phoenix Center for Advanced Legal & Economic Public Policy Studies
Spiwak, a former FCC senior attorney, faulted Wheeler for being overly partisan on what is supposed to be a nonpolitical commission.
He said Wheeler has coordinated with the White House on issues, distorted the price of set -top box rental fees, and after a victory on the commission regarding the Open Internet Order vote, he grasped the hands of fellow Democratic commissioners and raised them in victory.
“For the incoming party, if the commission is 2-2, nothing gets done, but nothing bad happens,” Spiwak said. “For the government party not to have control over a major federal agency would be a problem.”
Sen. John Thune, R-S.D.; House Energy and Commerce Committee Chairman Fred Upton, R-Mich.; and Communications and Technology Subcommittee Chairman Greg Walden, R-Ore.; asked Wheeler not to address “complex” or “controversial” issues before the new president takes office.
Spiwak thinks there is at least some chance Wheeler is bluffing.
“In the past, the decent thing for chairman to do has been to step down when a new party is in,” Spiwak said. “Do I think he’ll stay? No. But I think he could stay for a few more months.”