The Senate voted to confirm Republican Nathan Simington to the FCC on Tuesday, which means there are now two Republicans and two Democrats on the Commission. If the Republican controlled Senate refuses to confirm a Biden nominee, it could mean a deadlocked FCC for the foreseeable future.
Last month FCC chairman Ajit Pai announced he was leaving the Commission when Joe Biden is inaugurated.
President Trump withdrew Michael O’Rielly’s nomination after he made comments that Trump didn’t like regarding section 230 that protects Internet giants like Facebook and Twitter. The two social media platforms have been fact-checking many of Trumps posts, which he believes puts them more in the category of publishers, not simply platforms.
Simington was confirmed by a 49-46 vote.
Sort of a big “IF.” Biden could appoint someone who has already been confirmed. Trump did that with his cabinet, bypassing any hearings. Or he could also do another Trump trick and appoint an “acting” chairman. The playbook has been expanded this past four years. Lots of new tricks available. But still just because the FCC does something doesn’t mean it’s law. The FCC attempted to loosen the ownership rules a couple years ago, and they got shut down by the courts.