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Ness fields questions at renomination hearing

WASHINGTON-The Senate Commerce Committee is expected shortly to approve the renomination of Federal Communications Commission member Susan Ness, but the Clinton Democrat’s future is anything but clear.

At last Wednesday’s confirmation hearing, Sen. Conrad Burns (R-Mont.), head of the communications subcommittee, said Senate Commerce Committee Chairman John McCain (R-Ariz.) intends to move the Ness nomination out of the committee.

Ness gave a brief statement and fielded questions on spectrum, universal service and broadband telecom policies. Key Senate Commerce Committee members have rural constituencies.

With the FCC tasked with promoting competition, fostering new technologies and figuring out how the Internet fits in, Ness declared, “I am invigorated by the challenge.”

Ness’ future has been in limbo since last July, when President Clinton nominated her to serve a second, five-year term at the FCC. That Ness got a Senate hearing at all surprised some, considering it is a presidential election year.

For that reason, some observers suggested last week’s hearing-while a positive development for Ness-does not necessarily guarantee smooth sailing for the FCC commissioner.

Indeed, it is speculated that McCain’s decision to act on Ness’ renomination after nearly nine months may be designed to get the Senate Commerce Committee chairman off the hot seat by putting the matter before Senate Majority Leader Trent Lott (R-Miss.) and others in a position to delay or kill the Clinton appointment.

Democratic members of the Senate Commerce Committee stressed just how strongly they felt about moving the Ness nomination forward.

“I think it’s incredibly important to the FCC that she be renominated,” said Sen. Jay Rockefeller (D-W.Va.).

Rockefeller said the FCC needs Ness’ strong telecom regulatory background to offset the relative inexperience of other FCC commissioners. Ness, among other things, has taken a leading role on spectrum and international telecom policies since joining the FCC in 1994. Ness, a former banker, has opposed bailouts for financially strapped wireless firms.

Ness worked in the 1992 Clinton-Gore campaign, though her ties to the president and the first lady go back to the 1980s.

Sen. Ernest Hollings (D-S.C.), ranking minority member of the Commerce Committee, praised Ness for her performance while indirectly taking a shot at McCain. “You’ve waited entirely too long,” said Hollings.

Also voicing support for Ness was Sen. Byron Dorgan (D-N.D.) and Maryland Democratic Senators Paul Sarbanes and Barbara Mikulski.

Burns and Sen. Sam Brownback (R-Kan.), for their part, pressed Ness on FCC spectrum, rural telecom and Baby Bell long-distance policies.

“We just think it [bringing advanced services to rural America] hasn’t happened fast enough,” said Burns.

In addition, Burns said he wasn’t happy with the FCC’s spectrum auction policy. A Burns’ aide said the Montana lawmaker opposes auction eligibility restrictions.

The FCC is expected soon to decide whether to limit the re-auction of C-block personal communications services licenses to small businesses as originally designed or waive rules so large wireless carriers can bid.

Ness, who said she wished universal service rules for high-cost areas could be implemented faster, sidestepped Brownback’s question about whether she supported removal of the spectrum cap.

Ness’ best chance for winning Senate confirmation, according to sources, is to get packaged with other pending GOP and Democratic nominees to federal agencies.

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