Nathan Simington Confirmed as FCC Commissioner - Potential for Gridlock

The Senate has recently approved Nathan Simington for a position at the FCC. This confirmation occurs as Chairman Ajit Pai is preparing to leave, potentially leading to years of stalemate within the agency, contingent on the control of the Senate. The swiftness of this appointment deviates from standard political practice, and the vote followed a strict party-line division following objections raised by Democrats regarding the nomination.

Simington previously served as a senior advisor at the National Telecommunications and Information Administration within the Commerce Department. In this role, he was involved in developing the public relations strategy surrounding former President Trump’s criticisms of Section 230 – the legal provision protecting companies such as Twitter and Amazon from liability for user-generated content. (The former president voiced particular concern over the labeling of his social media posts as inaccurate or misleading.)

The expedited confirmation process follows the removal of Mike O’Rielly, a Republican Commissioner who generally supported the administration’s policies but faced repercussions for publicly opposing changes to Section 230. He was not renominated for another term and was replaced by Simington, who has shown a willingness to potentially utilize the FCC to regulate social media platforms.

Several Democratic senators expressed concerns about Simington’s suitability for the role, questioning his qualifications. Senator Blumenthal (D-CT) observed that “even fundamental inquiries regarding FCC matters appeared to pose challenges for [him],” while Senator Mazie Hirono (D-HI) stated that his “primary qualification appears to be his dedication to defending the president’s challenges to the First Amendment and Sec. 230.”

Given his limited experience, it appears Simington’s nomination and swift confirmation to a five-year term are largely motivated by political considerations.

Under normal circumstances, O’Rielly would likely remain in his position until the incoming administration nominated and confirmed both a new chair and a Democratic Commissioner. (The FCC currently maintains a 3-2 partisan balance, though it operates as an independent agency.)

However, depending on the results of the Georgia runoff election, Republicans may retain control of the Senate. This presents an opportunity for the party to hinder the FCC’s operations by quickly confirming a single nominee, creating a 2-2 tie that could be sustained by refusing to confirm any appointments made by the Biden administration.

In this scenario, the FCC would effectively be immobilized. Without a majority, neither side could enact new rules or regulations, as opposition from the two dissenting Commissioners would be almost certain. While routine functions like fee collection and bureau-level work could continue, significant initiatives such as reinstating net neutrality or implementing consumer protections for broadband services would be stalled. This deadlock could potentially persist for an extended period.

This is not the only potential outcome, however. A Democratic victory in Georgia would result in a 50-50 Senate split, with Vice President-elect Harris holding the tie-breaking vote, enabling them to confirm a full slate of nominees for this and other agencies. It is also possible that Republicans, even with Senate control, might allow a nomination to proceed in exchange for concessions, such as favorable appointments to other independent agencies.