The FCC has suddenly found itself in gridlock. Late last week, Commissioners Nathan Simington and Geoffrey Starks resigned from their posts, leaving only two sitting members: Republican Chairman Brendan Carr and Democrat Anna Gomez.
This change has effectively brought the FCC to a grinding halt, not only because of the 1-1 party split, but also because the Commission no longer has a quorum, the minimum number of members required to conduct official business such as issuing final rules or voting on major actions. As a result, many of the key initiatives led by Chairman Carr, including the deregulation campaign, are now on hold until at least one more commissioner is confirmed.
Despite the impasse, the FCC retains some limited operational capacity. As long as both remaining members agree, they can continue to handle lower-level administrative matters, such as issuing Notices of Proposed Rulemaking and other procedural actions previously delegated by the Commission.
Olivia Trusty, the policy director of the Senate Committee on Commerce, Science and Transportation, has already been nominated by President Donald J. Trump and approved by the Senate Commerce Committee to fill the seat of former FCC Chairwoman Jessica Rosenworcel. Senate Majority Leader John Thune (R-S.D.) “filed cloture” for Trusty’s confirmation on Thursday night, a procedural move that limits debate and suggests a floor vote could happen soon.
Meanwhile, the search to find a replacement for Simington is underway. While no official nomination has been announced, several names have surfaced as potential contenders.
The most prominent is Gavin Wax, Simington’s former Chief of Staff and president of the New York Young Republican Club, where he reportedly developed a relationship with President Trump. Simington endorsed Wax and emphasized that he is a strong advocate for free speech and deregulation, making him well-aligned with the FCC’s new direction under Carr’s leadership.
Other names gaining attention include Adam Candeub and Robin Colwell.
Candeub, recently appointed FCC General Counsel by Chairman Carr, previously served as head of the National Telecommunications and Information Administration (NTIA) and taught law at Michigan State University. He is best known for his legal work opposing Big Tech and social media censorship.
Colwell, currently Deputy Assistant to the President and Deputy Director of the National Economic Council, previously served as Chief of Staff and Legal Advisor to former FCC Commissioner O’Rielly.
Barring unexpected developments, the FCC is expected to remain in this state for at least several weeks—possibly months. Even after Trusty’s confirmation, the two remaining vacancies will continue to hamper the agency’s ability to move forward with its deregulation campaign, including changes to media ownership rules, and other key policies.
NRB will continue to monitor future developments, including nominations, appointments, confirmations, and Senate action to restore full functionality to the FCC.