50 groups urge President Biden to fill FCC opening

President Joe Biden's failure to break the Federal Communications Commission's 2-2 partisan deadlock is reaching a "critical point," 57 advocacy groups wrote in a letter to Biden and Vice President Kamala Harris. Nearly five months after his inauguration, Biden has not yet nominated a Democratic FCC commissioner to fill the empty fifth slot. Democrat Jessica Rosenworcel has been leading the commission as acting chairwoman, but she lacks the majority needed to do anything opposed by the FCC's two Republicans, such as reinstating net neutrality rules and reversing former Chairman Ajit Pai's deregulation of the broadband industry. Senate Republicans cemented the deadlock in December 2020 by confirming Trump nominee Nathan Simington during the lame-duck session before Democrats took control of the White House and Senate. Even if Biden were to nominate someone today, months could go by before the FCC has a Democratic majority because of the lengthy Senate confirmation process.

The letter praised the President for recognizing the problems in the US broadband market but said he must act more quickly, highlighting the pandemic as a sign that major reforms are needed immediately. The advocacy goups told Biden that a fifth commissioner will allow the FCC to "reclassify broadband Internet access as a Title II service to ensure fair and equitable access for everyone and to reinstate strong net neutrality protections." They concluded, "We urge the administration to not lose any more time and to nominate a fifth commissioner who is dedicated to bringing open, affordable and reliable Internet access to all and fulfilling all of these vital goals."