Partisan Stalemate Could Cripple FCC

With its final open meeting of the year coming up Thursday, the nation's top telecom regulator could be deadlocked in a 2-to-2 partisan stalemate by week's end due to the U.S. Senate's failure to appoint Jessica Rosenworcel, a Democrat, to the FCC.

Rosenworcel serves as one of three liberals on the five-member panel, but must leave the FCC on Dec. 31. The Senate adjourned last Friday without confirming Rosenworcel, prompting reports that the nomination had failed, reports The Washington Post.

Jessica Rosenworcel

If Rosenworcel departs as expected, it would leave the FCC with two Democrats and two Republicans — a tie that could mean no new action from the agency until President-elect Donald Trump nominates his own pick to fill Rosenworcel's open seat. In the meantime, Republicans could even gain a 2-1 majority if the FCC's Democratic chairman, Tom Wheeler, resigns — giving the GOP the power to roll back many of Wheeler's policies, such as net neutrality and privacy rules for Internet providers.

Wheeler said last week that he was willing to step down “immediately” if it would ensure that Rosenworcel would be confirmed. But that commitment, made to Senate Minority Leader Harry M. Reid, may have been too little, too late.

The confirmation battle exposed a long-simmering rift within Democratic ranks. Earlier, Rosenworcel had disagreed with Wheeler over an FCC proposal that would have allowed non-cable companies such as Google and Amazon to build their own set-top boxes to compete with those that consumers rent from their existing providers. A vote on the proposal, scheduled for September, had to be tabled because it lacked the support it needed to pass.