FCC Faces Operational Challenges with Only Two Commissioners Left

The Federal Communications Commission (FCC) is currently facing a critical operational challenge after two commissioners, Nathan Simington and Geoffrey Starks, stepped down recently. This leaves the agency with only two commissioners—Republican Chair Brendan Carr and Democratic Commissioner Anna Gomez—falling below the quorum of three members required to make major decisions. This unprecedented situation has put several key parts of the FCC’s agenda into limbo.

The FCC oversees critical areas such as broadband regulation, telecommunications mergers, spectrum auctions, and subsidy programs. Without a quorum, the commission cannot officially vote on many important matters, delaying initiatives including Chair Carr’s "Delete, Delete, Delete" regulatory rollback agenda. While Carr remains determined to keep the agency functioning, the lack of a full commission complicates the approval of final rules and actions.

Despite these challenges, the FCC can still operate to some extent. Carr has leveraged delegated authority to allow the agency’s bureaus to continue processing routine work, such as approving Verizon’s $20 billion acquisition of Frontier. Additionally, under Rule 0.212, the two remaining commissioners can act as a board to handle many tasks except issuing final rules, provided they agree on the actions. However, this arrangement is legally ambiguous and could expose the agency to risks.

The situation is further complicated by the pending nomination of Olivia Trusty, a Republican Senate staffer, whose confirmation vote has yet to be scheduled. Until the Senate acts, the FCC remains in a state of uncertainty. This is particularly concerning as the agency prepares for the hurricane season, during which it has historically expedited telecommunications repairs and funding. Without a quorum, the FCC’s ability to respond swiftly to natural disasters could be hampered.

This staffing shortfall is not unique to the FCC; other agencies like the Federal Trade Commission have also faced commissioner vacancies, impacting regulatory enforcement and policy continuity. The current deadlock at the FCC highlights the risks of political gridlock on critical infrastructure governance and the importance of timely appointments to maintain agency effectiveness.

In summary, the FCC’s reduced membership creates operational challenges that stall key telecommunications policies and regulatory actions. While delegated authority and two-member board provisions offer temporary relief, the agency’s full functionality depends on restoring a quorum. Stakeholders in broadband, telecom, and related sectors should closely monitor these developments as they affect regulatory certainty and industry dynamics.