Time Running Out for FCC to Take Up Trump Attack on Social Media

The Federal Communications Commission has run low on time to adopt an order trimming a liability shield for social media companies, leaving the fate of a request from President Donald Trump in doubt. On Dec 22, FCC Chairman Ajit Pai let slip a deadline for setting a vote on the proposal at the next monthly meeting of the agency, which is scheduled for Jan. 13 and is the last before he leaves the commission a week later. FCC proposals not adopted at meetings can be passed with a vote by commissioners behind closed doors. But two FCC commissioners oppose the measure and could kill it by delaying the process past the Jan. 20 inauguration of President-elect Joe Biden. Chairman Pai has a three-member Republican majority until he leaves. He could call a special meeting, or simply have FCC staff issue an order, said Andrew Jay Schwartzman of the Benton Institute for Broadband & Society. An order without a vote by the commissioners wouldn’t carry as much weight before courts as language adopted by a vote, and “in fact, even a full FCC declaration might not be given too much weight,” said Schwartzman.