President Joe Biden has yet to nominate a fifth member to the FCC to break the 2-2 partisan deadlock. Biden faces a January deadline for the Senate to confirm a third Democrat to the post and either approve Jessica Rosenworcel as the permanent chair or a replacement so the president’s party can have a 3-2 majority it typically enjoys at the agency. Otherwise, if he doesn’t make his choice quickly enough to get Senate confirmation by the end of this year, Republicans could get a 2-1 Commission majority despite Democrats controlling both the White House and Senate, according to Ars Technica.
That possibility can be easily averted, but it’s closer to becoming a reality than anyone expected when Biden became president, notes Ars. That’s because acting FCC Chairwoman Jessica Rosenworcel’s term expired in mid-2020. Federal law allows her to stay until the beginning of January 2022.
As president, Biden can promote any commissioner to chair, but the Senate decides whether to confirm each newly nominated commissioner. That process usually takes a few months or longer.
2-1 GOP Majority?
“Is it a real possibility that there’s a 2-1 Republican majority? The further we get in the year, the more that becomes a possibility,” consumer-advocacy group Public Knowledge President/CEO Chris Lewis told Ars. “The rules about appointments and nominations are clear. Acting Chair Rosenworcel is almost out of time, and we’ve yet to see names put forward by the president. If a GOP majority happens, it will be because the Biden administration and the Senate failed to act in time.”
Despite Biden nominating a new commissioner for the Federal Trade Commission this week, advocacy groups that closely follow the FCC still don’t know when the Commission pick will be announced by the White House.
Biden has taken longer to pick a permanent FCC leader “than any president since Jimmy Carter in 1977,” The Washington Post recently reported. But Carter announced his pick on September 12 of that year, so Biden has now taken even longer. Biden also hasn’t chosen a permanent leader for the Commerce Department’s National Telecommunications and Information Administration, and the delay is the “longest ever since the agency’s founding in 1978,” the Post wrote.
Look for part II in Monday’s issue.
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