The Senate confirmed Republican Olivia Trusty to the FCC Tuesday on a largely party-line, 53-45 vote, as expected. The vote covered only her nomination to finish the term of former Democratic Chairwoman Jessica Rosenworcel, which expires June 30. The chamber is likely to confirm Trusty on Wednesday to a full five-year term, which will begin July 1. Once sworn in, Trusty will shift the FCC to a 2-1 Republican majority. The simultaneous resignations earlier this month of Republican Commissioner Nathan Simington and Democratic Commissioner Geoffrey Starks left the agency without a quorum and in a 1-1 tie.

Senate Commerce Committee ranking member Maria Cantwell, D-Wash., told us Monday night she will vote against Republican FCC nominee Olivia Trusty’s confirmation on the floor, potentially presaging broader Democratic opposition ahead of likely floor votes this week to advance her confirmation. Cantwell’s new opposition to Trusty is notable, as she was one of six Senate Commerce Democrats who voted to advance the nominee out of committee in late April.

Senate Majority Leader John Thune, R-S.D., filed cloture Thursday night on Republican FCC nominee Olivia Trusty, setting up potential floor votes on her confirmation next week. Thune sought cloture on Trusty's nomination to two terms -- one to finish out that of former Democratic Chairwoman Jessica Rosenworcel, which ends June 30, and a subsequent full five-year term. Thune and other Senate Republicans have seen greater urgency to prioritize Trusty's confirmation after GOP Commissioner Nathan Simington resigned last week, shifting the commission to a 1-1 tie and leaving it without a quorum.

Former FCC Commissioner Nathan Simington said in an interview Saturday that he “would be delighted” to see his seat go to his Chief of Staff Gavin Wax. Simington said that commissioner nominations are 100% up to President Donald Trump and he wanted to “take pains” not to “front-run” Trump’s choice, but that Wax would be a good fit for the job. Among others being discussed for the position are FCC General Counsel Adam Candeub, National Economic Council Deputy Director Robin Colwell, NTIA Deputy Administrator Adam Cassady and current NTIA Administrator nominee Arielle Roth.

Senate Commerce Committee Chairman Ted Cruz, R-Texas, insisted in a brief interview Thursday that a deal he reached Wednesday with top Armed Services Committee Republicans for spectrum language in the chamber’s budget reconciliation package remains intact, after panel member Mike Rounds, R-S.D., indicated that new wrinkles had emerged. The deal ensured the spectrum title would exclude the 3.1-3.45 GHz band and parts of the 7 and 8 GHz bands from possible sale through the entirety of a proposed restoration of the FCC’s lapsed auction authority, which would run through Sept. 30, 2034. Rounds, Communications Subcommittee Chair Deb Fischer, R-Neb., and Intelligence Committee Chairman Tom Cotton, R-Ark., pushed for exclusions on the 7 and 8 GHz bands.

Republican FCC Commissioner Nathan Simington announced Wednesday that he will leave the agency at the end of this week (see 2506030069). Simington thanked his staff and said he felt he was leaving the agency in good hands under Chairman Brendan Carr. Simington was confirmed as a commissioner in the first Trump administration in 2020.

Commissioner Geoffrey Starks is leaving the FCC Friday, the same day as Commissioner Nathan Simington, Starks said in a release a few hours after Simington’s announcement. Starks said in March that he would leave the agency this spring (see 2503180009) and announced at the May 22 FCC meeting that he wouldn't be in office for the June 26 meeting. “Serving as a Commissioner has been the highlight of my career. I am immensely proud of all that we have achieved together,” Starks said in the release. Starks' and Simington's departures will leave the FCC with just two commissioners. The Communications Act requires a quorum of three, but there are federal rules that would allow the FCC to proceed with fewer, attorneys told us.

Numerous industry and FCC officials told us Tuesday that FCC Commissioner Nathan Simington is expected to leave the agency or announce an imminent departure this week. Simington and his office didn’t respond to requests for comment. His term expired last year, but he was expected to stay until the end of 2025. The makeup of the agency is already in flux: Current Democratic Commissioner Geoffrey Starks said he will leave before the FCC's planned June 26 meeting (see 2505220043, and the confirmation of Republican Olivia Trusty isn’t expected until late June or July (see 2505290053). It's seen as unlikely that Simington would exit before Starks and leave the FCC with a Democratic majority. However, if he departs after Starks but before Trusty’s confirmation, it would leave just two commissioners. The Communications Act requires a quorum of three. An announcement Wednesday from Simington would precede FCC Chairman Brendan Carr’s expected announcement of his agenda for the June 26 meeting, lobbyists said.

The FCC's denial of LTD Broadband's Rural Digital Opportunity Fund (RDOF) Phase 1 long-form application wasn't arbitrary and capricious, the U.S. Court of Appeals for the D.C. Circuit said Tuesday in a per curium order rejecting LTD's petition for review (No. 24-1017). LTD was the largest winning bidder and challenged the FCC's denial of its long-form application after more than a yearlong review process. A three-judge panel held oral argument in November (see 2411050040). The court disagreed with all LTD's arguments. It said the FCC's guidance on RDOF rules "does not describe a light-touch, deferential review" and determined that the agency gave LTD "fair notice" of its review. The court also disagreed that LTD was treated differently from other bidders and that the FCC could alternatively deny only part of its winning bids because there wasn't "a sufficient basis in the record for the FCC to distinguish" areas where LTD "was and was not financially and technically prepared to provide service." LTD CEO Corey Hauer didn't immediately respond to a request for comment.

FCC Commissioner Geoffrey Starks said today's open monthly meeting will be his last as a commissioner. "This has been the role and honor of a lifetime," he said minutes ago at the meeting. Starks said in March that he would leave the agency this spring (see 2503180009). He became a commissioner in 2019. FCC Chairman Brendan Carr said Starks has had a "tremendous run" in public service. "I very much value our friendship, our work together," he said.