A New President in the White House, a New FCC

Thursday, December 3, 2020

The transition to the Biden Administration will affect all companies and departments within the Federal Authorities. This entry supplies insights into the continuing work on the Federal Communications Fee (FCC) throughout its transition to a brand new, but unnamed, Democratic Chair and a majority of Democratic Commissioners.

Most headline actions by the FCC are taken at its public month-to-month agenda conferences with discussions by the FCC Commissioners concerning the gadgets being thought of. Different gadgets are determined by the FCC on circulation, the place the Commissioners individually vote on gadgets however don’t focus on them at a public assembly. Importantly, many extra FCC actions are determined on the Bureau and Workplace ranges beneath precedent or basic coverage steering and with out consideration by the FCC Commissioners.

A standard aspect in the entire FCC decision-making is the function of the FCC employees in reviewing requests for FCC motion, analyzing public feedback in docketed proceedings, and at a minimal drafting formal choices, whether or not or not they finally require a vote by the FCC Commissioners. As we method a post-election transition on the FCC, it’s well timed to think about how a transition impacts the FCC employees and the massive quantity of labor for which it’s accountable.

The President can, at any time, designate any sitting FCC Commissioner as FCC Chair. It’s anticipated that when President-Elect Biden is inaugurated, he’ll designate a sitting Democratic Commissioner as performing or presumably long-term Chair. The 2 present Democratic Commissioners are Jessica Rosenworcel and Geoffrey Starks. There are probably different Democrats within the FCC Chair place, however they must be nominated by the President and confirmed by the Senate for a vacant commissionership to be appointed FCC Chair.

What occurs throughout this interim interval earlier than the Inauguration and instantly afterward because the celebration affiliation of the Chair and the bulk celebration of FCC Commissioners adjustments?

Throughout previous transition durations, the FCC has averted points prone to be voted alongside celebration traces, which has meant sticking to issues on which there usually are not vital partisan variations. This was demonstrated by the FCC’s November 2020 assembly, at which just one merchandise had any dissent, which was by a member of the Republican majority. Earlier months’ agendas typically had quite a few gadgets determined by 3-2 votes alongside celebration traces.

By Inauguration Day, previous FCC Chairs from the celebration of the outgoing President have typically resigned their positions and left the FCC though they weren’t legally obligated to take action.  Ajit Pai, the present FCC Chair, not too long ago introduced that he’ll resign on January 20, 2021. As well as, Republican Commissioner Michael O’Rielly’s time period expires with the top of the current Congress, so he should depart the FCC by early January 2021. Whether or not the Senate, within the little time remaining on this Congress, confirms President Trump’s nomination of Republican Nathan Simington for the opening created by  Commissioner O’Reilly’s upcoming departure will decide whether or not there’s a 2-2 tie amongst FCC Commissioners or a 2-1 Democratic majority on Inauguration Day. President Biden will finally nominate further Commissioners to fill any vacancies, offering Democrats a 3-2 majority for the steadiness of his Presidency.

As soon as a brand new Democratic Chair is in place, that individual will evaluate the senior management of the FCC and resolve on adjustments. An interim-only FCC Chair is extra probably tolimit administration adjustments to key management positions occupied presently by political Senior Govt Service (SES) appointees. If one of many sitting Democratic Commissioners is called Chair, apart from on an interim foundation, broader adjustments within the senior FCC management could also be introduced shortly. For instance, Chairman Pai introduced 15 senior FCC management appointments shortly after his appointment as FCC Chair in 2017.

The U.S. Workplace of Personnel Administration  accords substantial deference  to authorities staff who’re within the SES, stating that “Members of the SES serve in key positions just under the highest Presidential appointees, and are the key hyperlink between these appointees and the remainder of the Federal workforce.” Most SES-level staff have to be “profession” civil service, with strict limits on the variety of “political” appointees. SES positions are coveted for his or her mixture of comparatively excessive pay ranges coupled with civil service employment rights and protections. Profession SES employees can’t be involuntarily reassigned to completely different duties inside 120 days of a brand new company head taking workplace. As a sensible matter although, many profession SES will conform to proposed reassignments by the brand new FCC Chair.

Usually talking, authorities staff are targeted on continuity of companies as adjustments amongst Bureau and Workplace Chiefs and subordinate administration positions are in progress. Throughout transition durations, the amount of FCC actions ranges off till new management, insurance policies, and priorities are clearly understood by the FCC employees.  With a brand new Chair and Democratic majority in place, it would take a while for them to ascertain the route and specifics on the big selection of pending FCC issues and to speak their new priorities to the FCC employees.

To learn extra concerning the attainable adjustments to the FCC ensuing from the election, click on right here.