Two members of the U.S. House of Representatives responsible for overseeing the Federal Communications Commission (FCC) have requested that the agency refrain from pursuing any “divisive, contentious matters” currently under review, thereby acknowledging the outcome of the election.

This request likely encompasses the FCC’s ongoing effort to re-evaluate Section 230, a vital safeguard for online platforms, which was initiated at the direction of the previous administration.

In a letter addressed to FCC Chairman Ajit Pai today, Representative Frank Pallone (D-NJ) stated:

Representative Mike Doyle (D-PA), also serving on the House Commerce Committee, further emphasized:

The letter draws attention to a similar situation from approximately four years ago, referencing Chairman Pai’s own appeal for adherence to this practice, which in turn mirrored a comparable instance occurring eight years earlier under a prior chairman. In 2016, Pai wrote (PDF): “I hope Chairman Wheeler follows his [2008 Chairman Kevin Martin’s] example and honors the wishes of our congressional leaders, including by withdrawing the four major items on the November meeting agenda.”

The issues slated for discussion at the forthcoming November FCC meeting are not inherently partisan, although they do represent significant considerations—for example, a proposed rule designed to streamline the process for obtaining satellite licenses.

The letter, however, almost certainly alludes to the agency’s recent announcement regarding a review of Section 230, made just weeks before the election and appearing to be in direct response to a request from the former President (the FCC operates as an independent agency and cannot be compelled to consider rule modifications).

This matter is undeniably partisan, given the existence of competing legislative proposals aimed at reforming the law, which limits the accountability of internet platforms for user-generated content, and the former President’s vocal accusations that Section 230 enables censorship on these platforms.

Even with dedicated, full-time effort, the FCC would be unable to produce a draft of any revised rules or changes to Section 230 prior to the election, suggesting the announcement was primarily motivated by political considerations—a response to the Executive branch’s dissatisfaction with the current interpretation of the law. Even under the most favorable conditions and with unanimous support, completing such a rulemaking process would take many months.

A request for comment has been sent to the Chairman’s office regarding their intention to comply with the letter’s request, and this article will be updated if a response is received. Naturally, doing so would implicitly recognize the victory of President-Elect Joe Biden over the previous President in last week’s election, a step that many Republican leaders within the government appear hesitant to take.

While Chairman Pai deliberates, Commissioners Jessica Rosenworcel and Geoffrey Starks have released statements expressing their willingness to fulfill the request from Congress.

“Throughout its history, the FCC has respected the peaceful transfer of power by postponing consideration of potentially controversial items. I encourage FCC Chairman Ajit Pai to uphold this established practice to facilitate a smooth transition of agency responsibilities,” stated Rosenworcel.

“As two of my Republican counterparts pointed out in 2016, it is a long-standing tradition at the Commission to suspend review of any partisan, contentious issues during a presidential transition. Our congressional leaders have asked Chairman Pai to honor this precedent, and I anticipate that he will respect their request,” said Starks.

Should the FCC grant this request, these and other items will be deferred until the incoming administration outlines its plans for the agency. Traditionally, the outgoing Chairman resigns upon the arrival of a new administration, as Tom Wheeler did in late 2016, and a new leader is subsequently nominated and confirmed in the following year.