Carr Backs House Republicans' FCC 'Pencils Down' Request During Trump Transition
Republican FCC Commissioner Brendan Carr, an overwhelming favorite to become chairman when President-elect Donald Trump returns to office Jan. 20 (see 2411060042), said Thursday the FCC should stand down from working on controversial matters during the transition from President Joe Biden to Trump’s second term. House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., sent FCC Chairwoman Jessica Rosenworcel a “pencils down” letter Wednesday (see 2411060043). Senate Republicans will likely send Rosenworcel similar demands soon.
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“The American people have sent a clear and decisive message to Washington” by electing Trump over Democratic Vice President Kamala Harris, Carr said. “It is time to change course. That is why I agree with” Rodgers “that the FCC should immediately stop work on any partisan or controversial matter and focus on the transition.” Carr alluded Thursday to interest in a potential renewed NTIA petition for an FCC rulemaking on its Communications Decency Act Section 230 interpretation (see 2012080067) and his recent support for Trump-sought commission action against broadcasters. Carr called last weekend for an FCC investigation into whether NBC violated the agency’s equal time rules by broadcasting Harris' appearance on Saturday Night Live (see 2411040057).
“When the transition is complete, the FCC will have an important role to play reining in Big Tech, ensuring that broadcasters operate in the public interest, and unleashing economic growth while advancing our national security interests and supporting law enforcement,” Carr said. “The FCC can and must deliver results for the American people.”
Former FCC Chairman Tom Wheeler, who led the commission during former President Barack Obama’s second term, told us that he faced similar immediate pressure from Congress to cease working on controversial items in 2016 after Trump won his first election. Wheeler believes such letters leave little wiggle room for an outgoing chair and Rosenworcel will likely go along with the request. “These are honorable people and pencils down means pencils down,” Wheeler said: “This isn’t the time for new initiatives.”
Rosenworcel’s office likely has some relatively uncontroversial proceedings in the works it could pursue in the coming months, Wheeler said. Staff will probably look to memorialize its work, helping it continue into the next administration. He noted that his staff assembled a report as late as mid-January 2017 on overhauling Universal Service Fund rural buildout that ended up being close to the eventual NTIA-administered broadband equity, access and deployment (BEAD) program. Pencils down “doesn’t mean you quit showing up to work,” Wheeler said.
Digital First Project Executive Director Nathan Leamer is hopeful Trump will immediately appoint Carr FCC chair when he returns to office rather than making him acting head for a period of time. “I don't see any reason to delay,” said Leamer, who served as an aide to former FCC Chairman Ajit Pai. “The difference between acting and permanent chair is uncertainty, and [Carr] has already been confirmed by the Senate,” while a Trump nominee to a vacant FCC seat would face a full Senate confirmation process.
Leamer highlighted Carr’s “good relationship with” all three FCC Democrats and Republican Commissioner Nathan Simington as an asset going into a new Trump administration. Carr also has “a great working relationship with” Senate Commerce Committee ranking member Ted Cruz, R-Texas, who is likely to become the panel’s chairman next year (see 2411060001), Leamer said. He noted there are “plenty of items that [Carr] can do on a bipartisan basis” if the FCC is temporarily in a 2-2 tie after a potential Rosenworcel departure, which “would allow the [Trump] administration to focus on” other higher-priority vacancies if it takes longer to select a nominee for a third Republican seat.