Lawmakers are frustrated with delayed FCC appointments

Lawmakers are getting frustrated with the Biden administration’s lack of urgency in appointing a fifth commissioner at the Federal Communications Commission. The five-member agency has been down a commissioner since former GOP Chair Ajit Pai vacated the position during the presidential transition. Democratic lawmakers and progressive groups expected President Joe Biden to move quickly on a nominee, since a fully staffed FCC would be crucial to achieving progressive goals like reinstating net neutrality rules and increasing transparency around internet billing. Nearly nine months in, Biden still hasn’t made his pick. Making matters complicated, Acting Chairwoman Jessica Rosenworcel’s term lapsed in June 2020, which means she’ll have to leave the FCC by the end of 2021 unless President Biden nominates her and the Senate confirms her to another five-year term — a Herculean task with so few legislative days left this year and so much else on Congress’ schedule. With Rosenworcel out, the remaining Democrat, Geoffrey Starks, would become acting chair. He would have the power to set the voting agenda at monthly open meetings, but the two Republican commissioners could outvote him on every item if they so chose. Rep Anna Eshoo (D-CA), who supports Rosenworcel for permanent chair, lamented the White House inaction during an Energy and Commerce hearing. “I think it’s troubling,” she said. “The FCC should not be left without a permanent chair being named.”