Biden and the Senate can still avoid a nightmare scenario, but they need to act quickly. The majority of the presidential party usually enjoys the FCC. But since January, things have gotten worse for Democrats: If Biden doesn't make enough of his pick to get Senate approval by the end of this year, Republicans could win a 2.2 percent majority despite Democrats controlling the White House and the White House. 1 Obtaining the FCC. Senate.
If Biden and the Senate took action, this possibility could easily be avoided, but when President Biden appears, it becomes more realistic than expected. This is because FCC Chair Jessica Rosnersell's term expired in mid-2020. US law allows suspended commissioners to stay "out of Congress, which begins after the deadline," meaning they can stay until early January 2022.
To secure Biden with a 3-2 Democratic majority in January, he must nominate a third Democrat, rename Rosenworcel or alternate Rosenworcel, and hope the Senate will nominate both candidates in time. Emphasizes. Biden as president can nominate any commissioner as president, but the Senate decides whether to approve any newly appointed commissioner. This process usually takes several months or more. Tom Wheeler was confirmed as Chairman of the Federal Communications Commission in October 2013, six months after his nomination. If the Republicans win a 2-1 majority in the FCC, it will still be surprising. But it is also surprising that Biden has waited so long for a Republican majority to become a real possibility. Chris Lewis, Chairman and CEO of Consumer Protection Public Knowledge, told Ars. "The rules for appointments and candidates are clear. The current president of Rosenworcel is about to expire, and we are still not seeing the names the president has put forward. They took action."
Despite Biden's appointment of a new FTC commissioner yesterday, pro-FCC support groups still don't know when the White House will elect the FCC. Lewis told Ars today that they "are still in the dark. I know there was a lot of debate about how the infrastructure package was going to be implemented at the time of the Biden announcement. It made sense to me. But other than that, we don't know." The Washington Post recently noted that Biden spent time. "More than any other president since Jimmy Carter in 1977" in electing a permanent leader to the Federal Communications Commission. But Carter declared himself elected on September 12 of that year, so Biden took longer. Biden also did not name a permanent leader of the Commerce Department's Office of National Communications and Information, the delay being "the longest time the agency has been created since 1978." Announcement
Biden's possible selection in the Senate was opposed. h2>
Blair Levine has followed the developments of the FCC for decades. He was chief of staff of the FCC in the 1990s. In July, Levine wrote that the potential appointment of Gigi Sun's permanent consumer attorney "has led to so much opposition from senators that he is no longer in the rankings, making the situation more uncertain than ever." "While interim President Rosnersell continues to have significant support in the Senate, his inability to run for office after more than six months shows us that there is some internal opposition to the White House," Levin said. "But there is no specific candidate to replace him." Like Lewis, he says Biden's delay has been so long that Republicans may now win a majority for the FCC in January. "Yes, it is possible that the Democrats may not win a majority or even a minority," Levin told us. That's closer to "what everyone likes," but he still thinks Democrats are likely to avoid the worst-case scenario. In December 2020, Wood noted that the Republican majority in the US Senate rushed to seek a 2-2 tie in the FCC in endorsing Trump candidate Nathan Symington. That confirmation came nearly three months after former President Donald Trump was nominated, and it's a common occurrence, but Republicans hastened the process after Biden's victory. "Unfortunately, yes," Wood told Ars Today. It is not known at this time what he will do after leaving the position. Biden introduced the Democrats at the same time, and the Senate paired the candidates and pursued their approval, until his inauguration in January or even March, April or May, in an article in September 2020 by protocol — two months before the fact that Biden defeated Trump in the election — 14 candidates were mentioned. Possibly with experience in the FCC or the telecommunications industry.
"There is a long list of FCC-experienced Democrats, some of whom are of color, and that Biden would certainly be a factor if chosen; many insiders said that being white is not enough to disqualify the high-level FCC under the leadership of Biden.” The protocol in that article was written just a year ago, noting that there has been much speculation about Biden’s selection before. The FCC plays a lesser role in the Biden administration, while the president has kept the full-staffed FCC, and the election of Lina Khan as chair of the Federal Trade Commission (FTC) promises to transform the organization into a more aggressive antitrust organization. But the FTC is focused on Big Tech and has to oversee competition in many industries. Even on broadband, the FCC appears to be losing out on some of what the Infrastructure and Jobs Investment Act, as a result of Biden's bilateral agreement with Congress, will cost tens of billions of dollars to deploy broadband, but $42.45 billion will be distributed in broadband equity, access and deployment programs from by National Communications and Information Administration rather than the FCC.
This may be due to mismanagement of Ajit Pai, the former Chairman of the Federal Communications Commission. The $9 billion rural broadband fund that has forced Rosenworcel to "eliminate" bugs it sends to "parking lots and well-served urban areas." Levine recently said that the use of the rural fund gave the impression that Congress "cannot trust the FCC." According to the Telecompetitor article.
“Extraordinary missed opportunity”
The FCC is doing important work even in the face of a 2-2 stalemate, such as distributing new emergency broadband subsidies to which Congress has responded caused a pandemic. Controversial issues such as restoring net neutrality laws or other consumer protection regulations that the FCC removed under Trump require a Democratic majority. To change many FCC decisions under Pai's leadership, which benefit ISPs rather than Internet users. But Biden's inaction is the main thing preventing the FCC from meeting the White House's broadband goals. Biden may have faced opposition from the Senate behind the scenes, but he could choose to send candidates to the Senate without any guarantee of approval. Missing the full committee this year, Lewis told Ars, may be a huge missed opportunity for the Biden administration to advance its goals of bridging the digital divide and protecting the internet. “It will take time, and oversight by the FCC in Congress in a re-election in 2022 or with a new arrangement in 2023 may disrupt this important work.”
Wood noted that the vote was only controversial on the Beltway - Like the municipal broadband network, which Democrats and Republicans support despite Republican efforts to ban it in Congress. Two votes to repeal net neutrality rules even though most Republican voters supported the rules.
With a 2-2 stalemate as Republicans generally oppose Democratic priorities, Wood said. The FCC "couldn't do anything less controversial on the Beltway," even if a majority of Americans support those policies. p>
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