FCC Commissioner Mike O'Rielly “violated the Hatch Act” at the American Conservative Union's February Conservative Political Action Conference when he called for the re-election of President Donald Trump, said the U.S. Office of Special Counsel Tuesday. The Project on Government Oversight and American Oversight urged the OSC to investigate (see 1802270035). O'Rielly said during his appearance he was only trying to answer a question about how to prevent further “regulatory ping-ponging.” But “regardless of his explanation,” O'Rielly “advocated for the re-election of President Trump in his official capacity as FCC Commissioner,” OSC Deputy Chief-Hatch Act Unit Erica Hamrick said in a letter to POGO Executive Director Danielle Brian that the group released: O'Rielly "violated the Hatch Act’s prohibition against using his official authority or influence to affect an election. Although OSC has decided to issue a warning letter in this instance, OSC has advised Commissioner O’Rielly that if in the future he engages in prohibited political activity while employed in a position covered by the Hatch Act, we will consider such activity to be a willful and knowing violation of the law, which could result in further action” by OSC. “I appreciate that OSC recognized that the statement in question was part of an off-the-cuff, unrehearsed response to an impromptu question, and that they found this resolution to be the appropriate consequence,” O'Rielly said. “While I am disappointed and disagree that my offhand remark was determined to be a violation, I take their warning letter seriously.” FCC General Counsel Thomas Johnson contended in a letter last month to top House Commerce Committee Democrats that the appearances of O'Rielly, FCC Chairman Ajit Pai and Commissioner Brendan Carr at CPAC didn't violate ethics rules (see 1803260040 and 1804230023).
T-Mobile's proposed merger with Sprint is likely to face additional Capitol Hill scrutiny in the months ahead, but don’t expect a hearing soon, lobbyists and experts told us. Industry officials give roughly even odds of government approval of the deal, which T-Mobile and Sprint announced Sunday (see 1804290001 and 1804300055). House Commerce Committee ranking member Frank Pallone, D-N.J., and House Communications Subcommittee ranking member Mike Doyle, D-Pa., formally called on committee leaders Monday to convene a hearing.
Democrats used a Friday House Digital Commerce Subcommittee hearing on addressing abusive robocalls to promote the newly refiled House version of the Help Americans Never Get Unwanted Phone Calls (Hangup) Act and two other draft bills. House Commerce Committee Chairman Greg Walden, R-Ore., and other subcommittee Republicans emphasized the importance of encouraging private sector-led technical solutions to halt abusive robocalls. Three industry witnesses urged lawmakers to let the private sector continue to take the lead in addressing the issue, while Consumers Union Policy Analyst Maureen Mahoney sought a legislative fix.
The Senate confirmed all five of President Donald Trump's FTC nominees Thursday evening under unanimous consent. The confirmed nominees include antitrust lawyer Joseph Simons, whom Trump plans to designate chairman (see 1802280044). The other confirmed nominees are former Consumer Financial Protection Bureau Assistant Director Rohit Chopra; Noah Phillips, aide to Senate Minority Whip John Cornyn, R-Texas; Rebecca Slaughter, former chief counsel to Senate Minority Leader Chuck Schumer, D-N.Y.; and Delta Air Lines' Christine Wilson (see 1801250055, 1801250066 and 1803260049). The confirmations followed negotiations that lasted through our deadline Thursday. All five nominees had “cleared the hotline” on the Senate Republican side by Thursday afternoon, but the Democrats were “trying to reach an understanding” with the White House, Senate Commerce Committee Chairman John Thune, R-S.D., told us ahead of the deal (see 1804260050). "We'd like to get them cleared if we can" because the FTC is “a big agency with a big mission,” he said. Democratic FTC Commissioner Terrell McSweeny is to depart the commission Friday.
House Appropriations Financial Services Subcommittee Democrats used a hearing Thursday on the FCC's FY 2019 budget request to criticize Ajit Pai's actions since becoming chairman at the beginning of 2017, including media ownership actions seen as benefiting Sinclair's proposed buy of Tribune and the December rescission of net neutrality rules. Republican appropriators highlighted Pai's goals and dived into how the commission would implement telecom policy elements included in the FY 2018 omnibus spending bill that President Donald Trump signed in March (see 1803210041, 1803210068, 1803220048 and 1803230038). The omnibus included text of the Repack Airwaves Yielding Better Access for Users of Modern Services (Ray Baum's) Act FCC reauthorization and spectrum legislative package (HR-4986).
The Senate Commerce Committee advanced FTC nominee Rebecca Slaughter Wednesday on a voice vote, setting up a potential final confirmation vote on her and President Donald Trump's four other nominees to the commission as soon as Thursday. The committee put forward the four other FTC nominees during a February markup, including antitrust lawyer Joseph Simons, whom Trump plans to designate chairman (see 1802280044). The other nominees are former Consumer Financial Protection Bureau Assistant Director Rohit Chopra; Noah Phillips, aide to Senate Minority Whip John Cornyn, R-Texas; and Delta Air Lines' Christine Wilson (see 1801250055 and 1801250066).
The Senate confirmed all five of President Donald Trump's FTC nominees Thursday evening under unanimous consent. The nominees include antitrust lawyer Joseph Simons, whom Trump plans to designate chairman. The others are former Consumer Financial Protection Bureau Assistant Director Rohit Chopra; Noah Phillips, aide to Senate Minority Whip John Cornyn, R-Texas; Rebecca Slaughter, former chief counsel to Senate Minority Leader Chuck Schumer, D-N.Y.; and Delta Air Lines' Christine Wilson.
A full slate of FTC nominees “cleared the hotline” process on the Senate Republican side by Thursday afternoon, indicating members of that party wouldn't oppose confirmation under unanimous consent, Senate Commerce Committee Chairman John Thune, R-S.D., told us. A day earlier, the Senate Commerce Committee advanced on a voice vote Democratic FTC nominee Rebecca Slaughter. Commerce forwarded the other nominees in February: Joseph Simons, whom President Donald Trump plans to name chairman; Rohit Chopra; Noah Phillips; and Christine Wilson.
House Commerce Republican lawmakers are beginning to consider legislative vehicles for enacting broadband infrastructure bills championed in President Donald Trump’s February infrastructure proposal (see 1802120001), though they told us they're also still considering ways to advance stand-alone measures. House Digital Commerce Subcommittee Chairman Bob Latta, R-Ohio, suggested earlier this month the possibility of lawmakers using a yet-to-be-introduced NTIA reauthorization bill as a vehicle (see 1804170059). Entities lobbying on the broadband infrastructure push remained relatively steady in Q1 compared with the previous quarter, though some lobbyists told us the rapid closing of the legislative window is narrowing lawmakers’ options for advancing bills in this Congress.
The Senate will hold a floor vote “within a month” on the Congressional Review Act resolution of disapproval aimed at reversing FCC rescission of its 2015 net neutrality rules (see 1802270040), said Sen. Ed Markey, D-Mass., during a Thursday evening event at the Massachusetts Institute of Technology. Markey is sponsoring a resolution (Senate Joint Resolution-52), as is House Communications Subcommittee ranking member Mike Doyle, D-Pa. (House Joint Resolution-129). Markey urged supporters to “bombard Congress” in coming weeks to get at least one more Republican senator to support the measure, which would bring it to majority support in the chamber. Fifty senators -- all 49 members of the Democratic Caucus and Sen. Susan Collins, R-Maine -- have publicly backed it. More than 160 House Democrats currently support the measure. Democrats have continued pushing the CRA resolution and legal challenges in the face of Republicans’ emphasis on reaching a compromise, including in a recent House Communications hearing on paid prioritization (see 1804170037). President Donald Trump’s administration “is saying that we can trust companies to make those rules, but we can’t,” said former FCC Chairman Tom Wheeler. Obama administration tech adviser Susan Crawford said the net neutrality debate won’t be settled with the CRA vote, predicting it will remain “a crucial issue for the 2020 election.”