FCC to get Republican majority and plans to “delete” as many rules as possible

Commissioner Geoffrey Starks will resign from the Federal Communications Commission this spring, he announced today. Starks' exit will give Chairman Brendan Carr a Republican majority, as the FCC has had two Democrats and two Republicans since the January resignation of former Chairwoman Jessica Rosenworcel.

"Today I sent a letter to the President and Leader Schumer indicating that I intend to resign my seat as a Commissioner this spring," said Starks, a Democrat who has been an FCC commissioner for over six years. "Serving the American people as a Commissioner on the Federal Communications Commission has been the honor of my life... Over the next few weeks, I look forward to working with the chairman and my fellow Commissioners, and all FCC staff, to further the mission of the agency."

Even with a 2-2 deadlock, Carr has gotten to work on some of his priorities, such as investigating news stations accused of bias against President Donald Trump and dropping a Biden-era proposal to increase regulation of broadband providers.

Democratic Commissioner Anna Gomez, who is staying at the FCC, has said that Carr's investigation of CBS is "politicizing our enforcement actions" and "sets a dangerous precedent that threatens to undermine trust in the FCC's role as an impartial regulator." Starks also criticized Carr for launching investigations into media organizations and into the DEI practices of Verizon and Comcast.

With a Republican majority, Carr can get aggressive in removing existing telecom regulations through his "Delete, Delete, Delete" initiative. "Under President Trump's leadership, the Administration is unleashing a new wave of economic opportunity by ending the regulatory onslaught from Washington," Carr said last week when he announced a plan to seek public "comment on every rule, regulation, or guidance document that the FCC should eliminate for the purposes of alleviating unnecessary regulatory burdens."

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Another Republican awaits confirmation

Carr likely would have gained a majority soon even if Starks stayed in his seat. President Trump quickly nominated Republican Olivia Trusty to an empty seat, and Trusty is likely to be approved by the Republican-controlled Senate.

By contrast, then-President Joe Biden waited nine months to choose a Democratic nominee in 2021. His first nominee, Gigi Sohn, wasn't confirmed despite Democrats having control of the Senate at the time. The Biden-era FCC didn't gain a Democratic majority until Gomez was confirmed in September 2023.

Carr would have a 2-1 majority upon Starks' departure assuming there is no Senate vote on Trusty's nomination before then. US law prevents either party from obtaining an FCC supermajority. "The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission," the law says.

Democratic leaders can be expected to recommend a replacement for Starks' seat. The president nominates all FCC commissioners, but Trump has previously followed the tradition of using recommendations made by Democrats when nominating members from the opposing party.

The Senate sometimes pairs votes on nominations so that one Democrat and one Republican are added to the FCC at the same time. There's no guarantee that Republicans will wait for a Democratic nominee.

"I think the Republicans will move ahead as quickly as possible with Trusty. While she could be paired with a Democrat, and in different times, would have been, I think in today's climate, they are more likely to move ahead without a pair," New Street Research Policy Advisor Blair Levin told Ars.

Schumer reportedly urged Starks to stay awhile

Starks would have been a possible candidate for FCC chair if Kamala Harris had won the presidency and if Rosenworcel decided not to serve a second term as chair.

Carr issued a statement praising Starks for "an impressive legacy of accomplishments in public service." Gomez said that Starks' "expertise on national security issues and his deep understanding of the FCC's Enforcement Bureau have been instrumental in advancing the agency's mission," and that he "demonstrated unwavering commitment to protecting consumers and strengthening our communications networks."

Starks' departure has been anticipated since shortly after Trump's election win. In December, Schumer reportedly urged Starks to stay at the FCC for awhile to delay the Republicans gaining a majority.

There might be another Republican seat to fill sometime after Trusty's nomination receives a Senate vote. Carr's fellow Republican on the commission, Nathan Simington, "has also wanted to depart to take on different work," a Bloomberg report said.