As we reported this week, the confirmation hearing for Danielle Thumann Severs, President Trump’s nominee to fill one of the two vacant FCC commissioner seats, has been scheduled for today (9/17). If confirmed, she will shift the composition of the commission to three Republicans and one Democrat.
Traditionally, when there are two vacancies on the commission, the president puts forward two nominees simultaneously, one Republican and one Democrat. President Trump’s single nomination, which would result in a 3-1 majority for his party, is the first time in history a president has intentionally used a single nomination in this way.
The composition of the FCC (and other federal agencies), giving a slight advantage to the party of the administration, creates an environment where healthy debate and compromise over the issues results in a more equitable set of rules and regulations for both the public and the industry.
It is convenient to think that a Republican majority on the commission is more favorable to the broadcast industry in general. But if you do your research, you find that such a majority favors only part of the industry—large broadcast networks, media conglomerates, and telecom companies, not smaller groups and independent operators—like you.
Furthermore, in the unusual climate that exists today, the commission is being weaponized to punish media outlets large and small for behavior that runs counter to the government’s interests. A 3-1 dominance eliminates obstacles to that objective.
But even if the president were to put forward two appointees, there is no legal requirement for the Senate to confirm them both in a short order. The chamber could well expedite the confirmation hearing for one nominee and delay the hearing for the other.
This is not about fairness. It is about political power. I would be just as opposed if a Democratic president were to make the same move. Such an imbalance either way is bad for our industry—meaning large and small operators alike—and bad for public interest. When one side dictates policy, everybody loses.