If confirmed, Nathan Simington would replace Commissioner Michael O’Rielly due to debate on social media regulations.
11/16/2020 14:00
A heated nomination hearing before the Senate Committee on Commerce, Science and Transportation left President Donald Trump’s recommendation for the Federal Communications Commission—Nathan Simington—waiting in the wings.
In August, Trump withdrew his nomination for Michael O’Rielly to serve another term as commissioner after a dust up about proposals for the regulation of social media. According to Reuters, Trump “demanded” for the U.S. Department of Commerce to petition the FCC to enact new regulations on moderation practices for social media and O’Rielly expressed reservations about whether the FCC has the authority to impose such regulations over social media companies.
Simington was then nominated in September and much of the discussion during his nomination hearing focused on his opinion about Section 230 of the Communications Decency Act, regulation of social media content and the FCC’s jurisdiction over that regulation, according to an article from Fierce Wireless.
If Simington is confirmed to serve on the FCC before Jan. 1, there would be a 3-2 Republican majority; however, the chairman role will switch to a Democrat under President-elect Joe Biden’s administration.
Chairman Ajit Pai could be replaced by Democrat Commissioner Jessica Rosenworcel or Biden could select a new nominee. Fierce Wireless also reports former FCC Commissioner Mignon Clyburn could be asked to return to the FCC.
As debate on FCC leadership continues, ACA International is prepared to continue to work with leadership on both sides of the aisle at the FCC and focus on issues such as Telephone Consumer Protection Act modernization, the reassigned numbers database, call blocking and labeling and implementation of the Telephone Robocall Abuse Criminal Enforcement and Deterrence (TRACED) Act.
U.S. Sen. Richard Blumenthal, D-Conn., said during the nomination hearing he would hold Simington’s nomination until he committed to recusing himself from any decision regarding Section 230.
Simington is an adviser for the National Telecommunications and Information Administration (NTIA), which earlier this year petitioned the FCC to issue a rulemaking on clarifying provisions of Section 230.
Blumenthal said Simington’s work at the NTIA and the organization’s op-ed on Section 230 published in Americans for Tax Reform precludes Simington from taking part in any rulemaking about Sect. 230. Simington said he was not involved in publication of the op-ed.
While the decision on Simington’s confirmation is pending on the Senate side, leaders in the U.S. House of Representatives are asking the FCC and Federal Trade Commission to stop work on “partisan or controversial items” as the presidential transition takes place.
According to a news release from the House Committee on Energy and Commerce Chairman Frank Pallone Jr., D-N.J., Consumer Protection and Commerce Subcommittee Chair Jan Schakowsky, D-Ill., and Communications and Technology Subcommittee Chairman Mike Doyle, D-Pa., submitted similar letters to the FCC and FTC asking for a halt on these items.
“We note that you have previously welcomed calls from congressional leaders for the FCC to ‘halt further action on controversial items during the transition period.’ We hope you will respect this time-honored tradition now,” Pallone and Doyle said in the letter to the FCC.
In response, Rosenworcel and Commissioner Geoffrey Starks issued statements that the FCC should abide by the legislators’ request.