Carr's FCC Could Act Quickly With Trusty Addition

Though the public notice seeking comment on the national ownership cap was a bureau-level action and therefore didn’t require a vote or a Republican majority, the agency likely waited to release it until after Trusty’s seat was secured to keep it from becoming an issue at her confirmation, industry officials told us. Broadcast industry officials also told us they expect a prompt vote on an order on the national cap after the record is refreshed, as well as action this summer on NAB’s proposal for a mandatory shift to ATSC 3.0.

NAB CEO Curtis LeGeyt said Wednesday that the national cap notice is “an important step toward modernizing a decades-old rule that limits television broadcasters’ ability to compete in today’s media marketplace.” NAB looks forward to working with Carr “to bring outdated ownership rules into the 21st century and give local stations a fair chance to compete with Big Tech.”

A person with 10th-floor chief of staff experience told us that as soon as the July 24 FCC meeting, Carr should be able to start adding items to the agenda that don’t require bipartisan consensus but can pass 2-1. The chairman has undoubtedly been readying items since January and has drafts ready, and he no longer has reason to hold back, the staffer said. While Trusty is expected to support Carr on items that wouldn’t get support from Democratic Commissioner Anna Gomez, Gomez’s office will likely look for areas where it can partner with Trusty.

Industry officials told us they don’t know if Carr will aim to vote on controversial items, such as relaxing the national cap, at open meetings or on circulation. Draft versions of meeting agenda items are typically released ahead of the vote, while the text of those on circulation isn’t released until after they're approved.

Under previous Chairwoman Jessica Rosenworcel, the FCC often voted on high-profile items on circulation, while putting less-controversial matters on meeting agendas (see 2404010062). Gray Television Senior Vice President Rob Folliard said “most folks in the industry prefer when it goes up at the meeting, because you get to see it 30 days or three weeks in advance.”

'Hit the Ground Running'

Nathan Leamer, who served as an aide to FCC Chairman Ajit Pai, said Carr has already done a good job of moving items forward, and it’s not clear how much Trusty's arrival will change his ability to get things done. But having another commissioner with tech, media and telecom expertise will make it easier to add to the agenda, he said. Given Trusty’s Senate Commerce Committee experience and familiarity with spectrum issues, “she can hit the ground running.” Leamer said Trusty’s expertise and demeanor should help her succeed in reaching bipartisan consensus at the FCC.

O'Rielly said the agency will likely soon issue items on all of Carr’s major priorities. Meanwhile, Trusty’s next couple of weeks will probably be “a little taxing” between hiring staff and getting up to speed on major forthcoming items. Trusty's Capitol Hill perspective on political insight, in addition to her subject-matter knowledge, “is a great asset for the agency,” said O’Rielly, who was also a Senate staffer before his stint at the FCC. A former 10th-floor aide told us it's standard for new commissioners to have the option to ask the chair to delay a controversial item so they can have more time to work on it and get up to speed. With the July and August FCC meetings coming in rapid succession -- July 24 and Aug. 7 -- Trusty might make such a request, the former aide said.

Though Trusty's addition gives the agency’s Republicans a majority, having only three commissioners could also empower Gomez, industry attorneys told us. She could potentially make it difficult to vote on an item she opposes by denying the FCC a quorum, either by not attending an open meeting when such a vote is planned or stepping down. That sort of maneuver would appear drastic, and industry officials told us they expect Gomez would take such a step only to block a particularly controversial vote. A source familiar with Gomez’s thinking told us that the FCC’s need for a quorum is a tool available to her and that she hasn’t ruled out using it.

The agency has also traditionally had a policy that allowed commissioners to delay items for weeks by declining to vote on them, but attorneys told us that those “must-vote” procedures aren’t part of official FCC rules, and past chairs have followed them mostly as a courtesy. Carr used the technique to delay votes during the previous administration (see 2409170015), but isn’t expected to allow tradition to delay his agenda, the attorneys told us.We’re also told that Carr will likely have a three-person FCC for the foreseeable future (see 2506180076). From the chairman’s perspective, 2-1 votes are fine, and it seems unlikely a Democrat will get nominated to fill an open seat. President Donald Trump’s administration has fired multiple Democrats from agencies' boards (see 2504280044).

Lawmakers

Senate Commerce Chairman Ted Cruz, R-Texas, told us Republicans getting an outright majority at the FCC upon Trusty’s swearing-in will certainly help Carr, who’s done "a good job” while the agency has been tied. “I think [the FCC] will be very focused on jobs and economic growth" with Republicans in control, and it will continue playing "a critical role in ensuring that America is competitive” in 5G and other communications technologies, Cruz said.

Senate Communications Subcommittee ranking member Ben Ray Lujan, D-N.M., forecasted less change at the FCC with the new GOP majority, given some of the actions Carr has already been “doing on his own” with a tied commission. “I certainly hope that the [FCC will] follow the law and operate independently,” Lujan told us. “I understand that [Carr and Trusty] are both conservatives. That’s not my concern.” But “the independence of the FCC is in question, and it seems to be operating more as a political entity” that adheres to Trump’s directives, Lujan said. “That has me concerned.”

Free Press Vice President of Policy Matt Wood pointed to the Media Bureau’s national cap public notice as the “first shot” in Carr’s bid to “radically reshape” the U.S. media sector, which could be more problematic than the investigations of major broadcasters since Jan. 20. Trusty is clearly “qualified” to serve as an FCC commissioner, but Free Press felt compelled to oppose her confirmation because “these are not normal times,” Wood told us.