From Ars Technica · · 2m
Cruz pushes FCC Republican majority before Democrats take Senate
Senator Ted Cruz is moving to confirm a Republican FCC nominee during the lame-duck session, potentially giving Republicans an unusual 3-1 advantage and setting up an all-Republican commission.
In brief
Senator Ted Cruz is moving to confirm a Republican FCC nominee during the lame-duck session, potentially giving Republicans an unusual 3-1 advantage and setting up an all-Republican commission. Senator Ted Cruz is rushing to confirm a Republican FCC nominee before Democrats take Senate control in January twenty…
Cruz moves fast on FCC nominee

Senator Ted Cruz announced a November ten nomination hearing for Trump's FCC nominee Danielle Thumann Severs. As chairman of the Senate Commerce Committee, Cruz is pushing to move her nomination to a full Senate vote.
Confirmation would shift FCC balance
Confirming Thumann Severs would give Republicans a three to one advantage on the FCC. That could become three to zero at the end of twenty twenty-seven if Trump does not renominate Democrat Anna Gomez.
Wyden warns of legal problems
Senator Ron Wyden wrote that federal law prohibits an all-Republican FCC and that any action taken by a partisan FCC could be overturned in court based on the Communications Act's statutory history.
“any action taken by a partisan FCC could be overturned in court, based on the statutory history of the Communications Act.”
All-Republican commission risks chaos

Wyden warned that under an all-Republican commission, every license renewal, equipment certification, spectrum transfer, or delegated action would be legally defective, casting legal uncertainty over the entire communications industry.
“Under an all-Republican commission, every single license renewal, equipment certification, spectrum transfer, or other delegated action would be legally defective, casting a cloud of crippling legal uncertainty over the entire communications industry.”
Trump breaks bipartisan tradition
By tradition, the president nominates opposing-party commissioners based on recommendations from the opposing party's Senate leaders. Trump has not followed this tradition in his second term and has not renominated Gomez.
Gomez calls for bipartisan process
FCC Commissioner Anna Gomez issued a statement calling on Congress to fill empty FCC seats in a bipartisan manner.
“We must rebuild public trust in the FCC by returning the public interest standard to its original meaning as an obligation to communities rather than a tool for political pressure.”
Democrats push for paired nominations

Twenty-one Democratic lawmakers on the House Commerce Committee wrote to Cruz and Senate Majority Leader John Thune urging that any new Republican nominee be paired with a qualified Democratic commissioner, including renomination of Gomez.
“The Communications Act limits how many commissioners may belong to one political party, ensuring that decisions on broadband, media ownership, and network security are tested by more than one point of view.”
Gomez has blocked partisan moves
Gomez has been a consistent voice opposing FCC Chairman Brendan Carr's attacks on Trump's least favorite news organizations and attempts to police speech on broadcast television. She has occasionally convinced Carr to change rulemakings.
Gomez's term expires at year end
Gomez's term technically expired on June thirty. US law allows her to serve until the end of twenty twenty-seven or until the Senate confirms a replacement, whichever comes first. Thumann Severs would not replace her.
The takeaway
Senator Ted Cruz is rushing to confirm a Republican FCC nominee before Democrats take Senate control in January twenty twenty-seven, risking an all-Republican commission that legal experts warn could face court challenges.



