Oversight of the Federal Communications Commission

In his opening statement for the Federal Communications Commission oversight hearing, Senate Commerce Committee Chairman John Thune (R-SD) accused FCC Chairman Tom Wheeler of using information as a partisan weapon. He cited 25 3-2 votes under Chairman Wheeler, saying that was far more than the total over the previous 20 years (14). Chairman Wheeler pointed out that 90% of the votes were unanimous and also said that there were at least a couple of votes where the 3-2 was not party line, citing the effective competition vote, for one, where he teamed with the two Republicans. But Chairman Thune said he was talking about public meeting votes, which the effective competition was not. "Why does the current FCC continually advance divisive policies at the expense of certainty for consumers and innovators that only bipartisan solutions can offer," Chairman Thune asked rhetorically. In his opening statement, Ranking Member Bill Nelson (D-FL) suggested that the commission reflected the "highly charged partisan times" in Washington. He said administrative agencies "often reflect the times in which they are holding their hearings and votes."

Several members of the Senate Commerce Committee, from both parties, expressed skepticism about Chairman Wheeler’s set-top plan, especially in light of the cable industry’s insistence that the proposal violates federal law. Chairman Wheeler even faces skepticism from inside the FCC, particularly from his fellow Democratic Commissioner, Jessica Rosenworcel, whose vote Chairman Wheeler needs in order to approve the plan at the agency’s open meeting on Sept 29. "We’re taking a hard look at what the chairman has put before us, and there’s a lot in there that seems to work,” Commissioner Rosenworcel said. “I’m going to be very candid with you that I have some problems with licensing and the FCC getting a little bit too involved with the licensing scheme here. Because when I look at the Communications Act and Section 629, I just don’t think we have the authority.”

Additionally at the hearing, Ranking Member Nelson (Fla.) and Sens Richard Blumenthal (D-CT) and Ed Markey (D-MA) made a point of calling on the Republican majority to hold a Senate confirmation vote on the renomination of Commissioner Rosenworcel. Sen Markey called for a vote as soon as possible.