UPDATE Much has been made of two FCC Commissioners, Republican Nathan Simington and Democrat Geoffrey Starks, leaving the agency this week. That leaves FCC without the required three-person quorum for Commission-level decisions.
But New Street Research (NSR) Policy Advisor Blair Levin, a former chief of staff under Chair Reed Hundt, says current Chair Brendan Carr doesn’t need one for most of what he wants to accomplish. “Given his agenda, the bureaus can, under his direction, do many of the things he wants without a full Commission vote,” says Levin in a client note.
Levin notes that Carr is “defining the job differently than past chairs, emphasizing the power of the bully pulpit to cause Congress and others to act more than relying on formal FCC decisions.” Carr is using his own power over merger reviews and enforcement actions to accomplish what he wants without a full Commission vote, adds the policy expert. He cites as an example, Simington’s departure won’t affect the outcome of the Wireless Bureau’s upcoming action related to the “September 2024 Bureau action on the SATS licenses for which SATS has not yet built out its networks.”
NSR believes Carr will soon have a majority and a quorum once the Senate confirms Republican FCC nominee Olivia Trusty, though Senate work over the massive budget package may take all the time and political capital.
Top Senate Republicans told Communications Daily they’re likely to prioritize confirmation votes for Trusty much earlier than expected as a result of Simington’s exit.
In the meantime, President Trump won’t be under pressure to name Starks’ and Simington’s successors. “Presumably, Trump will be under some pressure to name Starks’ and Simington’s successor at the same time, and the nominees will be paired. But we don’t think Trump has to prioritize that as once Trusty is confirmed, Carr will have both a majority and a quorum.”
NSR is not including speculation in its analysis of who might replace Simington because it doesn’t think that will matter to investors or FCC outcomes. Carr is in charge. Though it does note that Simington’s aide, Gavin Wax, “appears to be campaigning hard” for the role, notes Levin.
By Leslie Stimson, Inside Towers Washington Bureau Chief
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