Federal Communications Commission Faces Quorum Crisis After Departures of Two Commissioners
The Federal Communications Commission (FCC) is currently experiencing a significant operational challenge following the resignations of two commissioners from opposite parties on Friday. The departures of Nathan Simington and Geoffrey Starks have left the FCC with only two voting members, significantly below the required quorum for its typical five-member panel.
Current Composition of the FCC
The remaining commissioners are Republican Chair Brendan Carr and Democratic Commissioner Anna Gomez. Following the departures, President Trump nominated Olivia Trusty, a Republican Senate staffer, to fill one of the vacant positions. However, the Senate has yet to schedule a vote on her confirmation, which has left the agency in a state of stagnation even prior to the recent resignations.
Impact on FCC Functions
The FCC plays a crucial role in regulating multiple communication sectors, including broadband policies, telecommunications mergers, and spectrum auctions. With only two commissioners present, many of its functions are now in jeopardy, particularly those aligned with Carr’s agenda.
Both Starks and Simington announced their resignation dates earlier in the week, though Starks had previously indicated in March he intended to step down. Neither has provided specific reasons for leaving the commission. Carr, however, remains optimistic, stating in a blog post that “the show must go on.”
Operational Status Without a Quorum
Despite the lack of a full commission, Carr intends to maintain productivity. He plans to use delegated authority to enable the FCC’s various bureaus to continue operations without full commission votes. For instance, the FCC’s Wireline Competition Bureau recently approved Verizon’s $20 billion acquisition of Frontier, a decision Gomez criticized as a “backroom deal” that warranted a complete commission vote.
Under FCC Rule 0.212, Carr and Gomez can operate as a two-member board. This setup allows them to tackle many regulatory matters, although issuing final rules or actions without more commissioners will be challenging. Public Knowledge’s Senior Vice President Harold Feld noted that while daily operations could continue, doing so without a quorum presents legal uncertainties that could complicate decision-making.
Potential Challenges Ahead
Operating under these conditions poses risks, especially if the Supreme Court issues anticipated rulings regarding the Universal Service Fund, which provides essential subsidies for communications services to underserved communities. Any changes resulting from such a ruling would require the commission’s approval.
Feld has expressed concern about the implications of potential delays in Trusty’s Senate confirmation. If the Senate vote remains undecided during the hurricane season, it could hinder the FCC’s ability to respond effectively during emergencies. In past natural disasters, the commission has expedited funding for telecommunications repairs, but a lack of quorum could inhibit timely actions during critical situations. Feld questions how the FCC would navigate such a crisis without a quorum and what options would be available for empowering its bureaus to act swiftly.
Conclusion
As the FCC grapples with its current limitations due to the sudden leadership changes, the urgency for Senate action on Trusty’s nomination cannot be overstated. The consequences of the commission’s inability to achieve a quorum could resonate across essential communication services, particularly during emergencies when prompt action is paramount. The coming months will be crucial in determining the agency’s operational capabilities and overall effectiveness in serving the public interest.
