President Trump Nominating Rosenworcel for Return FCC Engagement

In what appears to be an unprecedented move, former Democratic Federal Communications Commissioner Jessica Rosenworcel will also be future Democratic FCC commissioner if the Senate confirms her as expected. Shortly before midnight Tuesday, June 13, President Donald Trump signaled his intention to nominate Jessica Rosenworcel to a five-year term and a return engagement as a FCC commissioner.

The office of press secretary Sean Spicer announced the news in an email advisory. Rosenworcel, who served on the commission between 2012 and the end of 2016, was forced to exit at the end of 2016 after Congress failed to bring her renomination to a vote despite unanimous approval by the Senate Commerce Committee and support from both Democratic and Republican legislative leaders after Senate Republican leadership would not schedule a vote. President Trump withdrew Obama's renomination of Rosenworcel, which if she had been seated would have left the FCC at a 2-2 political divide once FCC Chairman Tom Wheeler exited.

Currently the FCC is down to only three members, two Republicans and a Democrat. The FCC can still render decisions on issues the lone Democrat disagrees with, and has on numerous occasions, most notably the decision to roll back Title II. But if Democrat Mignon Clyburn exits—her term is up at the end of June but she could serve until the end of 2018, the FCC will lack a quorum to vote on items. Rosenworcel would likely need to be paired with a nominee for the Republican seat—the Administration would not want to create a 2-2 tie, which would be the case unless Commissioner Mignon Clyburn exited. In that event, the Clyburn seat could be paired with the new Republican and Rosenworcel paired with FCC Chairman Ajit Pai, whose term also ends in June. One name being floated for the third Republican seat is Brendan Carr, currently the acting FCC General Counsel and a former-staffer in the office of Chairman Pai.