FCC Could Find Itself Really Shorthanded

The Federal Communications Commission could end up with only three members at the end of this year if the Obama administration and Congress fail to act to fill two open seats on the five-member panel.

The commission has had only four commissioners since June, when Republican member Meredith Attwell Baker left to join Comcast. The FCC is also set to lose Democrat Michael Copps, most likely at the end of the year. Copps’s term officially ended last year, but under present rules he can serve until the current session of Congress ends. The White House has yet to nominate anyone to fill either of the two FCC openings. Congress, the White House, and the FCC have all been mum on the matter.

The name most widely mentioned for Copps’s seat is that of Jessica Rosenworcel, senior counsel for communications issues for Democrats on the Senate Commerce Committee, while Jenner & Block partner Ajit Pai appears to be the top pick for Baker’s seat, several sources said. Both Rosenworcel and Pai have worked at the FCC. Rosenworcel was a senior adviser to Copps before joining the Commerce Committee in 2007. Pai left the FCC, where he last served as deputy general counsel, in April. Pai was mentioned the last time there was a GOP opening on the FCC in 2009.

When a seat from each party is open at the commission, Senate leaders generally like to move them at the same time. Still, FCC nominations have been used periodically as bargaining chips in unrelated congressional battles.