Republicans' eleventh-hour telecom push

President Donald Trump may exit the White House in January, but Republicans are rushing to put their imprint on tech policy in a variety of ways in his final weeks. These efforts could have lasting effects well into the Biden era, cementing certain legacy moves and curbing the incoming administration’s ability to execute its agenda. 

1. The Senate GOP is seeking to install Trump’s Federal Communications Commission nominee Nathan Simington at the five-member agency to prevent Biden from filling the seat, a move that would also stall his ability to form an immediate Democratic majority.
2. The Supreme Court (a third of which is now Trump appointed) agreed to hear the FCC’s appeal regarding its efforts to loosen media ownership restrictions on Jan. 19, just one day before Biden is sworn in. That allows the agency’s Republican lawyers to make their case, whereas after Inauguration Day Democrats will control the agency’s court strategies.
3. While FCC Chair Ajit Pai is treading more carefully and is so far largely steering clear of controversial items (such as tackling the liability of social media companies, a key Trump ask), the agency chief released a memorandum providing guidance on how economics should be rolled into FCC proceedings, such as formally weighing the costs and benefits in rulemakings. One of Pai’s early pride points was creating an Office of Economics and Analytics — which some left-leaning critics initially feared could be used to undermine Obama-era regulation and something he likely hopes remains an agency fixture and part of his legacy.
4. FCC staff are teeing up what could be more controversial sleeper actions, moving rapidly to collect public feedback on a petition that some agency critics like Free Press see as a boon to the Murdoch family. Their company Fox recently requested a permanent waiver of FCC restrictions so they can continue to own both The New York Post newspaper and TV stations in the New York City market (the agency granted a short extension to comment deadlines, which now conclude Dec. 8).
5. Democrats want Republicans to pump the brakes on any controversial regulation and last week also sent letters to agency heads like Pai and FTC Chair Joe Simons asking about conversions of political appointees to career staff. This practice, known as “burrowing,” would keep certain personnel employed under Biden.