Why it Matters
Senate Democrats pressed Federal Communications Commission (FCC) nominee Danielle Thumann Severs on her ties to Chairman Brendan Carr at a Nov. 10 Senate Commerce Committee nomination hearing. She did not say whether Carr's threats to broadcasters were appropriate.
The four nominees were all named by President Trump's administration, and the FCC pick drew the sharpest questions. The committee has not yet announced a vote.
The Big Picture
The committee heard Danielle Thumann Severs, nominee for FCC Commissioner, Federal Communications Commission, alongside Leslie Becera, nominee for Assistant Secretary of Transportation, Department of Transportation. Also testifying were Joshua Shoemaker, nominee for Chief Financial Officer, National Aeronautics and Space Administration (NASA) and Robert Steinau, nominee for Inspector General, NASA.
Carr's actions toward ABC and Jimmy Kimmel framed the FCC questioning. The Associated Press reported that ABC and Disney sued the FCC after it ordered eight ABC-owned stations to file early license-renewal applications. Deadline reported that ABC argued in court that regulatory threats had chilled its speech.
What They're Saying
Sen. Ed Markey (D-MA) asked whether the FCC can sunset the E-rate school internet program. Thumann Severs said, "I can't prejudge the open proceeding at the FCC right now." Markey called that "an unacceptable answer."
On Carr's Kimmel remarks, Thumann Severs said, "Those were his words. They were not my words." Markey said he was asking whether the chairman should use his office to pressure broadcasters over protected speech.
Sen. Tammy Duckworth (D-IL) asked whether the First Amendment applies to broadcasters. Thumann Severs answered, "Broadcasters do have First Amendment protections. Yes." Duckworth closed by saying, "I am not comfortable with your answers today."
Sen. Maria Cantwell (D-WA) asked her to name one disagreement with Carr and interrupted one answer to reframe the question. Cantwell then said, "So the answer is no."
Sen. Ted Cruz (R-TX) asked Thumann Severs if she supports the legislation about the Jawbone Act. She answered, "Yes, I do," adding that federal officials should not coerce protected speech.
Political Stakes
Sen. John Hickenlooper (D-CO) said, "I strongly believe we should be considering the renomination of Commissioner Anna Gomez." He also said he did not think the strategy "will age well in a new Congress." Markey said confirming a Republican without a Democrat risks "three Republicans and no Democrats on the commission."
Ars Technica linked the nomination's urgency to Democrats' upcoming Senate control in January. A civil rights coalition urged the committee to delay, and 21 House Democrats asked the Senate to pair Thumann Severs with Gomez's renomination.
NATE, the Communications Infrastructure Contractors Association, said it was "glad to see it come before the Committee today." Comcast called Thumann Severs "an excellent choice to serve as an FCC Commissioner."
The Bottom Line
Roll Call reported that Cruz announced no committee vote date and that no markup is scheduled for any of the four nominees. Cruz said nominees have until Nov. 16 to answer written questions. Each nominee currently remains before the committee, with the FCC pick the point of contention.
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