The office of Republican FCC Commissioner Brendan Carr, President-elect Donald Trump's pick to become chairman, said Thursday night he doesn’t oppose Senate Commerce Committee GOP Telecom Policy Director Arielle Roth as a potential nominee to fill the commission seat Chairwoman Jessica Rosenworcel will vacate Jan. 20. Carr Chief of Staff Greg Watson pushed back against reports framing Carr as opposing a Roth nomination, a position that would put him in conflict with Senate Commerce Chairman Ted Cruz, R-Texas. Cruz is strongly backing Roth behind the scenes, leading some to see her as the front-runner for Rosenworcel's seat, communications sector lobbyists told us (see 2412110046).
A proposal by Sen. Joni Ernst, R-Iowa, to relocate 30% of the workforce of every executive agency to outside the Washington, D.C., area wouldn’t affect the FCC or FTC. Both are classified as independent agencies and therefore fall outside the bill’s scope. Ernst filed the Decentralizing and Reorganizing Agency Infrastructure Nationwide To Harness Efficient Services, Workforce Administration, and Management Practices Act earlier this week. It could affect NTIA, part of the Commerce Department, if enacted.
Incoming House Commerce Committee Chairman Brett Guthrie, R-Ky., plans on introducing comprehensive and kids’ privacy bills in the new year, he told us Tuesday.
FCC Chairwoman Jessica Rosenworcel appears intent on closing several outstanding wireless issues in her final weeks at the helm, but industry experts said it appears unlikely she will tackle controversial items or launch anything. That approach differs from the way former FCC Chairman Ajit Pai conducted business at the end of the first Donald Trump presidency.
Communications industry lobbyists told us they expect President-elect Donald Trump to soon follow his pair of Tuesday night FTC selections (see 2412100073) with a nominee for the FCC seat Chairwoman Jessica Rosenworcel plans to vacate Jan. 20. The lobbyists mentioned Arielle Roth, telecom policy director for Senate Commerce ranking member Ted Cruz, R-Texas, as the apparent front-runner for the nomination, though the Trump team hasn’t yet made a final decision. Trump said Tuesday he’s picking Republican FTC Commissioner Andrew Ferguson as permanent chair of the commission and will nominate Mark Meador, a former antitrust staffer for Senate Antitrust Subcommittee ranking member Mike Lee, R-Utah., to the commission seat that Chair Lina Khan currently holds.
President-elect Donald Trump said Tuesday night he’s naming Republican FTC Commissioner Andrew Ferguson as permanent chair of the commission when he takes office Jan. 20 and will nominate Mark Meador, a former antitrust staffer for Senate Antitrust Subcommittee ranking member Mike Lee, R-Utah., to the commission seat currently held by Chair Lina Khan. Both moves were expected. Khan’s current term expired Sept. 26, meaning she would have needed renomination to another term to remain at the FTC. Ferguson has been a commissioner since earlier this year.
Democratic FCC Commissioner Geoffrey Starks said Wednesday he has “no plans to resign,” an apparent response to talk that he was eyeing a Jan. 20 departure, in tandem with Chairwoman Jessica Rosenworcel, when Republican Commissioner Brendan Carr takes the gavel (see 2411210028). Several Senate Commerce Committee Democrats told us earlier Wednesday they were concerned that he would leave early and they were considering joining Majority Leader Chuck Schumer, D-N.Y., in pushing Starks to stay into the early months of President-elect Donald Trump’s second administration. Punchbowl News first reported Tuesday night that Schumer is urging Starks to stay. Meanwhile, Republican Commissioner Nathan Simington also is facing pressure to delay an early potential exit, but his departure doesn’t appear as imminent.
The FTC, in a 4-1 vote last week, extended the Telemarketing Sales Rule (TSR) to apply to inbound telemarketing calls made for technical support services. Dissenting Commissioner Andrew Ferguson said his vote was "not because [TSR] ... is bad policy, but because the time for rulemaking by the Biden-Harris FTC is over." He added, "The proper role of this lame-duck Commission is not to announce new policies, but to hold down the fort, conduct routine law enforcement, and provide for an orderly transition to the Trump Administration." Ferguson said he will vote against rules that the statute does not require until the transition is complete. In a concurrence, Commissioner Melissa Holyoak said the Democratic majority "has prioritized controversial and unlawful rulemakings" and the agency "should redirect its efforts and resources toward enforcement against fraud and, only where appropriate, rulemakings that ensure the Commission can robustly prosecute fraud and provide consumers redress." She said the TSR amendment fit that bill.
FTC Chair Lina Khan redefined the agency during her nearly four-year tenure, Democrats and Republicans said in interviews last week. However, they split along party lines on whether her impact was positive for antitrust and consumer protection enforcement.
Competition is a better guarantor of good customer service than FCC rules, multiple industry groups said as they pushed back against proposals floated in the FCC's customer service NOI. The NOI was adopted 3-2 in October along party lines (see 2410230036). In comments in docket 24-472, which were due Friday, some industry groups also argued that the agency lacks legal standing on customer service rules. "Careful consideration will confirm that the Commission lacks anything like the plenary authority" to adopt a single set of customer service rules, CTIA said. Disability advocacy organizations, meanwhile, made suggestions for customer service requirements.