Confirmation Mischief at the FCC

Approving federal judges is a priority for Mitch McConnell during the lame-duck session of Congress, but Republicans shouldn’t dither on confirming Nathan Simington to the Federal Communications Commission. He will be needed to oppose internet regulation early in a Biden Presidency. Simington’s confirmation is in jeopardy because of—who else?—President Trump. Republicans would be committing self-sabotage by scotching Simington’s confirmation. Chairman Ajit Pai is expected to follow long-standing agency tradition by stepping down in January, which is also when Commissioner O’Rielly must vacate his seat. If Senate Republicans don’t confirm Simington in the lame duck, Democrats would have a 2-1 commission majority to start the Biden Presidency so they could immediately get to work. At the top of their agenda is reinstating the Obama FCC net neutrality order regulating broadband providers like utilities under Title II of the Communications Act. Democrats also aim to expand customer discount programs like Lifeline and use FCC spectrum auctions to raise revenue to spend without approval from Congress. Another top priority: Rolling back FCC rules that limit how much cities can charge telecom companies for 5G cell sites. And don’t rule out a revival of the Fairness Doctrine regulating speech. All of this would hurt the economy and slow the rollout of 5G. Confirming Simington would tie the commission 2-2 in January and slow these plans. It took Chairman Pai nearly a year into President Trump’s term to repeal the Obama Title II regulation. Democrats wouldn’t be able to move until they have a majority.