FCC Bombshell: Wheeler Refuses to Leave, Thwarts Rosenworcel Renom

Why is Wheeler Blocking His Fellow Democrat?

Today’s Senate Commerce Committee FCC oversight hearing opened with Ranking Member Bill Nelson (D-FL) complaining that Republicans had not, as promised, moved the renomination (made last May) of Democratic Commissioner Jessica Rosenworcel, whose term expired in June. If she isn’t reconfirmed, she’ll have to leave the Commission at the end of this Congress.

An hour into the hearing, the real reason emerged: Wheeler is refusing to commit to leave his seat if Democrats lose the White House — indeed, even if Democrats win! That makes it impossible for Republicans to reconfirm Rosenworcel, because if they do, and Wheeler breaks with this longstanding tradition, Democrats would continue to have a 3–2 majority even if Republicans take the White House — all the way until Wheeler’s term ends on November 3, 2018.

Here’s the exchange between Chairman John Thune (R-SD) and Wheeler, beginning at 59:57 in the hearing video:

THUNE: Chairman Wheeler, next January there’s gonna be a new president of the United States, your term doesn’t technically expire until January 1 of 2018. FCC chairmen traditionally resign from the FCC when a new president is inaugurated and that enables the newly elected president to nominate a chairman to lead the FCC who is from the same party as the new president. So my question, you probably figured out where I’m going with this, is do you intend to respect that tradition and resign when the new president takes office, unless explicitly asked to stay on?

WHEELER: Thank you Mr. Chairman. It’s a ways off. I understand a precedent. I understand expectations. I also understand that 10 or 11 months is a long time. So it’s probably not the wisest thing in the world to do to make some kind of ironclad one way commitment. But I understand the point you are making.

THUNE: And you understand the tradition that historically..

WHEELER: I understand the question.

In other words… “drop dead.”

Every other Chairman before Wheeler has made this promise. This is simply how independent regulatory commissions have worked for a century.

What’s Wheeler Doing?

You might think that Wheeler is simply playing it safe: ensuring he can stay on the FCC to “defend the Internet!” in case Donald “Shut down the Internet” Trump wins. But, again, his refusing to promise to leave means Rosenworcel will disappear in a poof before a new President takes office. So, either way, there will be only two Democrats on the FCC (with the new President designating a new Chairman). The only question is whether it’s Wheeler or Rosenworcel that stays.

Indeed, if Wheeler does refuse to go, it means President Trump would get to pick his successor (in 2018), whereas Rosenworcel would have a fresh, five-year term — long enough to ride out the Trumpclear Winter. (Mignon Clyburn, the other Democrat, can stay on til 2020.)

And if Wheeler breaks the longstanding convention of chairmen stepping down, that would give Trump a convenient pretext for doing what he’s probably going to do anyway: breaking the deal Clinton and Gingrich reached in the 1990s to allow the Senate leader of the opposition to pick minority commissioners. If Wheeler allowed Rosenworcel to be reconfirmed, at least Trump couldn’t pack the FCC. But Wheeler’s obstinance would enable Trump to put two Trumpistas on the FCC — not just one Republican but a Trump Democrat or independent, too.

In short, this is all about Tom Wheeler — and whatever ax he has to grind against his fellow Democrat.

What’s Wheeler Thinking?

What motivated Wheeler to throw her under the bus? Rosenworcel has voted with Wheeler on almost everything. But the key word there is “almost.”

Most publicly, in May 2014, she stood up to Wheeler against his rush to put out draft Open Internet rules — joining with Republican Ajit Pai in urging the FCC to slow down just a bit to more carefully consider its options. She said: “I support an open Internet. But I would have done this differently. Before proceeding, I would have taken time to understand the future.”

What impertinence! What gall!

A typical adult would have taken this in stride. Independent regulatory agencies like the FCC have multiple commissioners for exactly this reason: to provide a diversity of views, not just across the aisle, but on each side.

But Tom Wheeler is not, to put it mildly, a typical adult. He appears unable to brook disagreement or dissent of any kind. He has run roughshod over the two Republicans on the Commission, regularly ignoring them, denying them access to basic information. and refusing any negotiation whatsoever. But when betrayal comes from his own side? He responds by simply removing her from the Commission completely.

With anyone else, this would be shocking. But from Tom Wheeler, it’s par for the course. After President Obama forced Wheeler to abandon his own Open Internet plans (and do something closer to what Rosenworcel wanted — to use Title II), Wheeler angrily, and repeatedly, declared “I am an independent agency.”

“Le FCC, c’est moi!” — the mentality of a truly Imperial FCC Chairman. And of a self-involved bully.

It’s just sad that someone as genial, gracious and thoughtful as Jessica Rosenworcel has become the latest victim of Wheeler’s petty tyranny.