FCC May Be Hamstrung Under GOP Majority as Nominations Lag

Republicans are poised to become a majority of the Federal Communications Commission at year’s end unless President Joe Biden nominates a chair who can swiftly be approved by the Senate. Eight months into his administration, President Biden hasn’t named anyone to permanently lead the agency. Acting Chairwoman Jessica Rosenworcel is set to leave at year’s end because her term has expired, and it is unclear lawmakers will have time to take up nominations during a waning session dominated by high-stakes bills and a looming debt ceiling. “The odds are better than even the 1-2 situation occurs,” said Blair Levin, a Washington-based analyst for New Street Research. “To avoid that situation the Biden administration would have to nominate and confirm two nominees by the end of the year, which is difficult.” The odd dynamic could see the FCC’s lone remaining Democrat, Geoffrey Starks, serve as acting chairman of a five-member commission with two vacancies. He would control the agenda. But he would need support from at least one of the FCC’s two Republicans for major initiatives that require a vote. 

 A short-handed FCC will be able to do “very little beyond the necessary administrative things, and things that are non-controversial,” said Andrew Jay Schwartzman, senior counselor at the Benton Institute for Broadband & Society. Progress is needed on matters such as boosting competition for apartment dwellers’ internet access and restoring the net neutrality rules, Schwartzman said. “We may be 14, 16, 18 months into the administration with no action on initiatives the progressives want,” Schwartzman said. “The sand will start running out of the hourglass if they don’t get this fixed.”