Senate Hold Placed on McDowell FCC Nomination

Robert McDowell’s nomination for FCC commissioner is on hold, Hill and industry sources said Mon. The hold apparently was placed Fri., sources said, with no consensus as to why, according to numerous interviews. The hold process is public; Senators can place anonymous holds or identify themselves as placing holds. But even if a senator takes credit for a hold, it’s unusual to reveal motive, since most holds come into play for backroom deal-making, Hill sources said.

“Sometimes they're used to put leverage on the administration,” a Senate source said. A senator placing a hold may have nothing against the nominee whose progress is paralyzed. The hold makes the nomination a tool the lawmaker employs to accomplish something else. A hold on McDowell could have any number of non-telecom issues as its underpinning, the source said.

“It could be about fish,” said former NTIA Dir. Greg Rohde, who said his nomination was held up about 3 weeks. He said he had strong bipartisan support, but at that time Sen. Snowe (R-Me.) was holding up Commerce Dept. nominations in a dispute over legislation involving a fishing council, Rohde said. Eventually a deal was struck to put language in an appropriations bill that “broke loose the nomination,” he said. As for the McDowell hold, Rohde said: “It’s a quiet and secretive process -- you can only guess.”

“Sen. Stevens would like to see Mr. McDowell confirmed as quickly as possible,” a Senate Commerce Committee spokeswoman said. She had no other comment on the hold. The McDowell confirmation hearing lasted only 20 min. and the nomination has drawn little public opposition (CD March 10 p2).

Delaying the addition of a commissioner pushes back media ownership rulemakings that have been contentious, said observers. Chmn. Martin acknowledged that approval of newspaper/TV cross-ownership may have to await another Republican (CD March 20 p2). Executives expect a full FCC to deal with national cable system ownership limits and reconsider rules barring TV station duopolies in some markets. “The last thing that Chairman Martin wants to do in general is tackle what has turned out to be so politically charged an issue with less than a full complement of commissioners… because whatever they decide, there will be court challenges,” said lawyer Owen Kurtin of Brown Raysman.

The hold on McDowell shows how “politicized” the FCC has become, said U. of Colo. Prof. Phil Weiser: “These media ownerships in particular are probably the most politicized of all the rules the Commission deals with.” Whenever the 5th commissioner comes aboard, he or she will face the challenge of setting rules that are bound to upset some on the Hill, added Weiser: “There are strong views in Congress on this issue, and no matter what the Commission does on this issue, there will be heat.”