FCC commissioners may end up deciding on a single item at their June 26 meeting -- text telephone-based telecom relay service rules -- the only NPRM teed up for a vote (see 2506050056). The other items, addressing cable regulation and broadband data collection, may likely wait until the Senate confirms Olivia Trusty and restores a quorum lost with the departures of Commissioners Nathan Simington and Geoffrey Starks. The situation raises interesting issues for Chairman Brendan Carr and Democratic Commissioner Anna Gomez, officials noted.
Republican lawmakers have begun taking sides publicly and behind the scenes in favor of a range of contenders to succeed departing GOP FCC Commissioner Nathan Simington as he prepared to exit the agency Friday afternoon (see 2506040073). Former Breitbart executive Steve Bannon, a longtime ally of President Donald Trump, publicly endorsed Gavin Wax, Simington's chief of staff, for the role. Other officials and GOP insiders are eyeing different candidates as the agency enters an indefinite period with only two commissioners. Democratic FCC Commissioner Geoffrey Starks was also set to leave Friday, leaving the commission with a 1-1 partisan tie.
Top Senate Republicans told us Wednesday that they're likely to prioritize confirmation votes for GOP FCC nominee Olivia Trusty much earlier than expected as a result of Commissioner Nathan Simington’s abrupt exit. Simington said Wednesday he plans to depart the FCC “at the end of this week,” as we reported (see 2506030069). Democratic Commissioner Geoffrey Starks said he will resign Friday, also as expected (see 2505220043). The departures mean the FCC's party makeup will stand at a 1-1 tie by week’s end. That will also leave the commission below the statutory three-commissioner quorum, posing potential problems for Chairman Brendan Carr’s agenda heading into the commission’s planned June 26 meeting (see 2506040061).
Numerous industry and FCC officials told us Tuesday that FCC Commissioner Nathan Simington is expected to leave the agency or announce an imminent departure this week. Simington and his office didn’t respond to requests for comment. Simington’s term expired last year, but he was expected to stay until the end of 2025.
Numerous industry and FCC officials told us Tuesday that FCC Commissioner Nathan Simington is expected to leave the agency or announce an imminent departure this week. Simington and his office didn’t respond to requests for comment. His term expired last year, but he was expected to stay until the end of 2025. The makeup of the agency is already in flux: Current Democratic Commissioner Geoffrey Starks said he will leave before the FCC's planned June 26 meeting (see 2505220043, and the confirmation of Republican Olivia Trusty isn’t expected until late June or July (see 2505290053). It's seen as unlikely that Simington would exit before Starks and leave the FCC with a Democratic majority. However, if he departs after Starks but before Trusty’s confirmation, it would leave just two commissioners. The Communications Act requires a quorum of three. An announcement Wednesday from Simington would precede FCC Chairman Brendan Carr’s expected announcement of his agenda for the June 26 meeting, lobbyists said.
Senate leaders may still try to hold votes on Republican FCC nominee Olivia Trusty and NTIA administrator nominee Arielle Roth in late June, shortly before the upper chamber breaks for the week leading up to the July Fourth holiday, but lobbyists now believe both confirmations are more likely to happen in the lead-up to the August recess. Lobbyists told us that Democratic FCC Commissioner Geoffrey Starks’ pledge last week to resign before the agency's June 26 meeting (see 2505220043) is easing Republicans’ pressure to expedite Trusty’s confirmation because the GOP will gain a majority even without her taking office.
Democratic FCC Commissioner Geoffrey Starks’ announcement Thursday that he was attending his last commission meeting (see 2505220013) sparked renewed concerns from his supporters on and off Capitol Hill that President Donald Trump will leave his seat vacant instead of naming a party-affiliated successor. The Leadership Conference on Civil and Human Rights led another push just before Starks’ announcement for Senate leaders to delay Republican FCC nominee Olivia Trusty’s confirmation process until the Trump administration commits to keeping the commission staffed with two members not affiliated with the party of the sitting president.
In Q1 earnings calls this week, TV broadcast executives emphasized their expectations of ownership deregulation, hinted at station deals and discussed a recent proposal by FCC Commissioner Nathan Simington to cap network affiliation fees (see 2505020066). Nexstar CEO Perry Sook said on his company’s call that Simington’s proposal for a 30% cap on fees would likely find “very little traction” in Washington. On Capitol Hill, “there is very little interest in getting involved in the commerce between stations and networks.”
Senate Majority Leader John Thune, R-S.D., told us Thursday that his “expectation” remains that President Donald Trump will move on minority party nominees to the FCC and other commissions, despite Democrats’ concerns that the administration will choose to leave such seats empty (see 2504010053). Several Senate Commerce Committee Democrats who voted Wednesday to advance Republican FCC nominee Olivia Trusty said they won’t back her final confirmation unless the Trump administration commits to maintaining Democratic FCC seats, including picking a party-affiliated nominee to succeed retiring Commissioner Geoffrey Starks (see 2504300047).
The Senate Commerce Committee advanced Republican FCC nominee Olivia Trusty on a bipartisan vote Wednesday, as expected (see 2504290058), but Democrats made clear they won't allow a smooth confirmation process on the floor unless the Trump administration commits to picking a party-affiliated candidate to replace retiring Commissioner Geoffrey Starks. Ranking member Maria Cantwell of Washington and five other panel Democrats voted for Trusty on Wednesday, even as misgivings about Starks' replacement and the FCC's independence during the Trump administration led seven caucus members to vote against the nominee.