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COMMISSION GUTTED?: Rumors and Withdrawals Suggest FCC May Soon Be Unable to Act
Wednesday, June 4, 2025

So it is being reported by Communications Daily that FCC Republican Commissioner Nathan Simington is expected to either leave the agency or announce his imminent departure this week.

That’s fascinating and unexpected- at least by me. Simington has proven a good friend to business and one of the sharpest defenders of small business– at least when it comes to TCPA issues. And he was the anti-230 crusader (I thought, at least) and there is still a ton of work to be done with Big Tech.

But nonetheless it seems like Simington may be headed out, which makes things very tricky for the FCC.

Specifically, we know Democratic Commissioner Geoffrey Starks has already announced he is leaving the FCC before the FCC June 26 Open Meeting. Plus we know former Chairwoman Rosenworcel has already stepped down.

That means the FCC is operating with four Commissioners currently– and soon to be three when Starks walks away.

Now three is an important number because that still qualifies as a quorum and so the FCC can theoretically continue passing items even if Starks leaves.

But if Simington’s departure is imminent– unclear on timing– the FCC might be left with just two Commissioners– Republican Chairman Carr and Democrat Anna Gomez until Trump’s Republican nominee Olivia Trusty is confirmed by the Senate.

Trusty is widely expected to go sailing through approvals but with the Senate tied up with BBB chaos it seems as if Trusty’s nomination may slip past the July 4 break (don’t know that, but havent heard otherwise.)

With just two Commissioners installed the FCC would not be able to take any action whatsoever. Presumably Simington has this in mind as he ponders his departure but one never knows.

I’m already on record saying I am not interested in an FCC commissionership– I was apparently under consideration during Trump’s first term– so the nation will have to turn its lonely eyes elsewhere for FCC assistance. I have broader political ambitions at this moment.

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