Jessica Rosenworcel Named New FCC Acting Chairwoman

The Biden administration has formally designated Commissioner Jessica Rosenworcel as the acting chairwoman of the FCC. Should she receive a nomination later this year – as is widely anticipated – she stands to become the first woman to officially lead the agency. Given her established commitment to equitable access, industry oversight, and the principles of net neutrality, Rosenworcel’s leadership of the FCC is expected to represent a significant shift from the previous administration.

(Update: It was previously reported that Rosenworcel would be the first acting FCC chairwoman; however, Mignon Clyburn briefly served in that capacity in 2013 while Tom Wheeler’s confirmation was pending. If nominated and confirmed, Rosenworcel would achieve the distinction of being the first chairwoman.)

“I am deeply honored by President Biden’s decision to appoint me as the acting chairwoman of the Federal Communications Commission,” she stated. “I am grateful for this opportunity to guide an agency with such a critical purpose and a remarkably skilled team. I consider it a privilege to serve the citizens of the United States and dedicate myself to expanding communication opportunities in this digital era,” she added.

While the specifics of Rosenworcel’s plans will become clearer in the weeks and months ahead, it is anticipated that net neutrality will be reinstated following its previous curtailment under Ajit Pai. Furthermore, a renewed focus is likely to be placed on accurately identifying areas lacking sufficient broadband access and implementing effective, fair solutions to address this need. Initially, her efforts will likely concentrate on ensuring internet access for those disproportionately impacted by the ongoing pandemic.

(Disclosure: TechCrunch’s parent company, Verizon, is subject to regulation by the FCC, but this does not influence our reporting.)

Rosenworcel’s involvement with the FCC dates back to 2003, where she held various positions related to federal communications regulation. President Obama nominated her as a commissioner in 2011, and she was subsequently confirmed in 2012. She was also considered for the chairmanship in 2013, but Tom Wheeler ultimately assumed the role. Her second term as commissioner commenced in 2017.

Throughout her time at the FCC, Rosenworcel has consistently advocated for net neutrality and improved broadband availability, particularly for schools and underserved communities. During Ajit Pai’s tenure as chairman, she voiced strong opposition to what she perceived as a deregulatory approach to telecommunications, and she sharply criticized the agency’s perceived failure to prioritize public interests. Several instances illustrate this perspective.

During the 2017 vote to repeal net neutrality, Rosenworcel forcefully expressed her disapproval of the process’s perceived lack of transparency:

In 2018, as the problem of robocalls rapidly escalated, she challenged Pai’s assertion that a substantial $120 million fine – which was unlikely to be collected – demonstrated effective enforcement:

The industry’s continued reluctance to adopt measures that could effectively curb robocalls underscored this point, although progress was eventually made as the FCC increased its efforts. (She also contributed an article to TechCrunch this year, urging swift action on the deployment of 5G technology.)

In 2019, Rosenworcel highlighted the agency’s apparent indifference to a significant regulatory loophole that permitted mobile service providers to sell real-time location data to interested parties:

Her office circulated letters from major carriers as an interim step to inform the public. When the FCC finally took formal action against this practice, she remarked, “It is regrettable that the FCC took so long to reach a conclusion that was so readily apparent.”

In 2020, Rosenworcel once again emphasized the FCC’s deficiencies in collecting accurate data regarding broadband deployment across the country. This issue had been a long-standing concern, but it was brought into sharp focus by a flawed vetting process for industry-provided data, which resulted in inaccurate national figures:

This was a clear demonstration of the current system’s shortcomings. She had previously written regarding the broadband report:

Ultimately, without a clear understanding of who has access to reliable broadband and who does not, it is difficult for the FCC to effectively allocate resources to bridge the digital divide.

Finally, in late 2020, when Pai yielded to administrative pressure to reconsider Section 230 – a provision that limits the liability of internet platforms for user-generated content – Rosenworcel succinctly and honestly assessed the situation:

This attempt to weaken Section 230 ultimately proved unsuccessful and was abandoned, according to an FCC insider.

These examples represent only a fraction of the notable moments from Rosenworcel’s recent term. The work of an FCC commissioner, along with their staff and supporting bureaus, is often complex and technical, with the instances mentioned above being more exceptional than typical.

With the timely confirmation of Republican Commissioner Nathan Simington, the FCC currently operates with a 2-2 partisan balance, which is typical for an administration. However, given the Democratic victories in both Georgia Senate races, the potential for a deadlock has been averted, and a fifth commissioner is expected to be nominated and confirmed soon to facilitate progress. Further details regarding Rosenworcel’s priorities and agenda will be forthcoming.