Olivia Trusty Gets Her Day With Senate Commerce

Benton Institute for Broadband & Society

Friday, April 11, 2025

Weekly Digest

Olivia Trusty Gets Her Day With Senate Commerce

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Round-Up for the Week of April 7-11, 2025

Grace Tepper
Tepper

This week, the Senate Commerce Committee––chaired by Senator Ted Cruz (R-TX)––held a confirmation hearing for Olivia Trusty, President Trump’s nominee to be a commissioner on the Federal Communications Commission. If (when really) Trusty is confirmed, she would join FCC Commissioner Nathan Simington to give Chairman Brendan Carr a working majority at the Commission.

Who is FCC Nominee Olivia Trusty?

Olivia Britt Trusty grew up in Baltimore, Maryland. She received her B.A. in Political Science from the University of North Carolina at Chapel Hill and her Master's degree in American Government from Georgetown University. In Trusty's near-twenty-year career, she has worked with internet service providers in the private sector as well as conservative Members of Congress in both chambers. Her record includes serving as a policy advisor at Verizon and Qwest and as a staffer for former House Subcommittee on Communications and Technology Chairman Bob Latta (R-OH), former Senate Commerce Committee Chairman  Roger Wicker (R-MS),  former Senate Commerce Committee Chairman John Thune (R-SD), and Sen Mike Rounds (R-SD). Trusty has staffed the House Manufacturing and Trade Subcommittee, House Digital Commerce and Consumer Protection Subcommittee, Senate Technology, Innovation and the Internet Subcommittee, and Senate Media and Broadband Subcommittee. Most recently, she was a Professional Staff Member on the Senate Armed Services Committee working for Chairman Wicker.

On January 17, 2025, President-elect Trump announced that he would nominate Trusty for an FCC seat being vacated by outgoing Chairwoman Jessica Rosenworcel. Trump said, "Olivia will work with our incredible new Chairman of the FCC, Brendan Carr, to cut regulations at a record pace, protect Free Speech, and ensure every American has access to affordable and fast Internet."

FCC Chairman Carr said that Trusty's "extensive knowledge, public sector experience and keen intellect will serve her well at the agency."

FCC Commissioners Anna Gomez and Geoffrey Starks both issued statements following Trusty's nomination. “Congratulations to Olivia Trusty on the President-Elect’s announcement of his intent to nominate her as Commissioner of the Federal Communications Commission," said Gomez. "She is widely respected, a consummate professional, and has a strong background on communications policy. I welcome the opportunity to work with her.”

Starks remarked, “Congratulations to Olivia Trusty on her nomination today. She is a committed public servant with extensive knowledge of the communications sector. As clearly exhibited by her work in the Senate, she is an effective policy-maker, which will benefit the agency and the American people going forward.”

Internet service providers also expressed support for Trusty. Rhonda Johnson AT&T's Executive Vice President of Federal Regulatory Relations congratulated Trusty on her nomination and said that Trusty's "experience working with the Senate Commerce Committee on important issues like broadband expansion and access to spectrum will be valuable assets to the Commission’s goal of connecting more Americans." Comcast Chief Legal Officer Tom Reid also issued a statement where he said he looked forward to working with her on addressing "the nation’s crucial communication needs including broadband investment and deregulation."

Trusty's Senate Confirmation Hearing

On April 9, Trusty appeared before the Senate Commerce Committee. In her opening remarks, she reviewed her career and highlighted what her priorities will be at the FCC.

Following my time in the private sector, I have had the opportunity to work in the House of Representatives and in this hallowed chamber on telecommunications, technology, consumer protection, and, most recently, national security. All of these policy areas are core to the FCC’s mission to make available affordable, high-speed, reliable, and secure communications services. - Olivia Trusty

Trusty committed to the following actions if confirmed:

  • Expand access to affordable, high-speed internet services for all Americans;
  • Protect consumers from illegal robocalls;
  • Strengthen the security of the Nation’s telecommunications networks; and
  • Restore America’s leadership in next-generation communications technologies.

Trusty fielded a number of questions from Republican and Democratic lawmakers during the hearing and expanded on her views on telecommunications policy. Trusty was asked by Sen Wicker about the Proper Leadership to Align Networks (PLAN) for Broadband Act (S.323), legislation he sponsored that aims to synchronize federal broadband programs and "reduce unnecessary barriers, eliminate unnecessary costs, and ease administrative burdens.”

"Interagency coordination is essential to closing the digital divide," Trusty responded. "GAO has determined that those programs are fragmented and duplicative. There's an opportunity to streamline, consolidate, and coalesce these programs so that the resources are better targeted to unserved areas and so that we can get communications services in more rural, remote areas that lack connectivity right now."

On the FCC's Universal Service Fund (USF), Trusty repeatedly stressed that USF is "the cornerstone of the FCC's mission." She said the FCC, Congress, and other stakeholders must work together to "identify a specific, predictable and sufficient form of support," as required by law, "as USF is facing challenges in the Supreme Court and a shrinking contribution base." Sen Ed Markey (D-MA) asked Trusty about the importance of ensuring funding for E-Rate. Trusty indicated her support for ensuring funding for USF programs and having high-speed broadband at home.

Senator Jerry Moran (R-KS) addressed the implementation of the Broadband Equity, Access and Deployment (BEAD) Program administered by the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA), asking how Trusty would handle the allocation of the FCC's 5G Fund for Rural America in tandem with BEAD implementation. On this, Trusty reiterated interagency coordination between FCC and NTIA and staying in "constant contact" on BEAD to ensure there is no "overbuilding." Trusty also said that she sees a possibility for BEAD infrastructure to be leveraged for USF support.

Sen Marsha Blackburn (R-TN) expressed concerns about spectrum use and USF. On spectrum, she wanted to know if Trusty would support the commercialization of more federally-held spectrum and if she and the FCC would support the NTIA conducting an inventory of federally held spectrum and restoring the FCC's spectrum auction authority. In her response, Trusty expressed strong support for restoring auction authority and also supported an inventory and potential expansion of spectrum sharing.

On USF, Blackburn stated that it has "outlived its usefulness." Trusty answered that there is an opportunity to expand performance metrics for USF programs and better oversight over eligibility requirements and ISP compliance in order to streamline federal efforts.

Sen Ben Ray Lujan (D-NM) asked Trusty how she would maintain her independence if confirmed, saying, "How will you maintain your independence if the President can fire you simply because he may not like a position you take?" Multiple senators echoed this concern of maintaining the FCC's independence from the executive branch. Trusty assured the committee that she would prioritize the facts, the law, and ensuring the FCC serves the people. She highlighted her role as upholding and enforcing the law, providing transparency, and carrying out FCC rules "fairly and objectively."

Following the hearing, FCC Chairman Brendan Carr tweeted support for Trusty, saying, "President Trump’s nominee to fill the third Republican seat on the FCC—Olivia Trusty—did a phenomenal job in her Senate hearing today. She would be a terrific addition to the FCC. I hope the Senate moves quickly to confirm her."

Uncertainty at the FCC

Although in a normal presidential transition, Trusty's confirmation would bring certainty to the makeup of the FCC, we are not in a normal transition. On April 3, the Leadership Conference on Civil and Human Rights and its Media/Telecommunications Task Force co-chairs, UnidosUS and United Church of Christ Media Justice Ministry, sent Senate Commerce Committee Chairman Cruz and Ranking Member Maria Cantwell (D-WA) a letter asking them to delay the confirmation hearing until they receive binding insurance from the Trump Administration that the FCC will remain fully staffed with five commissioners throughout his presidential term. The letter also listed as a priority the nomination of an FCC commissioner to replace Starks when he departs later this Spring.

While the hearing went as planned, these concerns follow the Trump Administration's firing of Federal Trade Commissioners Alvaro Bedoya and Rebecca Slaughter on March 18, which "directly contradict established federal law and Supreme Court precedent" and "remove all countervailing voices from the agency" per the Leadership Conference letter. The letter's signatories are concerned that FCC Commissioner Gomez will face similar threats upon Trusty’s confirmation as the third Republican FCC commissioner.

The FCC was established as an independent agency with the critical mission to ensure universal connectivity, promote diverse voices in our media ecosystem, and protect consumers from fraud through robocalls and other means. The commission’s ability to efficiently and effectively fulfill these vital functions depends upon maintaining its full bipartisan set of five commissioners as Congress intended. Any attempt to illegally remove Commissioner Gomez, especially with the recent announcement of Democratic Commissioner Starks’ intention to step down later this spring, would severely undermine the agency’s independence and statutory mission at a time when regulatory oversight of our communications infrastructure is more essential than ever. - The Leadership Conference on Civil and Human Rights

The next step for Olivia Trusty's nomination is a vote by the Senate Commerce Committee in the coming weeks.

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Upcoming Events

Apr 16––The DMA’s Annual Review: A Global Perspective on Digital Competition Regulation (Information Technology & Innovation Foundation)

Apr 17––Is U.S. Policy Ready for Agentic AI? (Center for Data Innovation)

Apr 22––How The Rise of Chinese E-Commerce Platforms Will Impact the U.S. (Information Technology & Innovation Foundation)

Apr 28––April 2025 Open Federal Communications Commission Meeting (Federal Communications Commission)

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Kevin Taglang

Kevin Taglang
Executive Editor, Communications-related Headlines
Benton Institute
for Broadband & Society
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