Reps. Frank Pallone, D-N.J., and Mike Doyle, D-Pa., asked FCC Chairman Ajit Pai on Tuesday to "respect this time-honored tradition" of icing any votes that wouldn't garner unanimous support until January.
"With the results of the 2020 presidential election now apparent, leadership of the FCC will undoubtedly be changing," wrote Pallone and Doyle, who chair the House Energy and Commerce Committee and its telecom subcommittee, respectively. "As a traditional part of the peaceful transfer of power — and as part of our oversight responsibilities — we strongly urge the agency to only pursue consensus and administrative matters that are non-partisan for the remainder of your tenure."
The committee sent a similar letter to the Federal Trade Commission, joined by Rep. Jan Schakowsky, D-Ill., who chairs the House Consumer Protection Subcommittee.
Neither letter called out specific proceedings the agencies should halt. Both FCC Democrats said they support the committee's call for neutrality in the coming days, although they also did not mention specific rulemakings they'd like to delay.
"Historically, the FCC has honored the transfer of power from one administration to the next by pausing any controversial activity," wrote FCC Democrat Jessica Rosenworcel. "I urge FCC Chairman Ajit Pai to follow this past practice in order to ensure an orderly transition of agency affairs."
FCC Democrat Geoffrey Starks said he hopes current FCC Republicans will respect the same views they expressed at the onset of the Trump administration.
"As two of my Republican colleagues observed in 2016, it is long-standing Commission practice that, upon a presidential transition, the agency suspends its consideration of any partisan, controversial items until the transition period is complete," Starks wrote. "Our congressional leaders have called for Chairman Pai to respect this precedent, and I expect that he will abide by their request."
The FCC chairman's office did not immediately respond to a request for comment.
The FCC will undoubtedly see a partisan shakeup in the next two months, with Pai stepping down to make way for a Democratic successor. By seniority, Rosenworcel is next in line to chair the agency, followed by Starks. The Biden administration will also likely have an empty seat to fill with a new Democratic FCC nominee, thanks to the pending departure of Republican Michael O'Rielly.
However, Trump pick Nathan Simington's nomination is pending before the Senate Commerce Committee, and he testified in a confirmation hearing on Tuesday. It's unclear whether the Senate could confirm him quickly enough to circumvent a fresh Biden nomination.
While Pai could still keep his seat as a commissioner until his term runs out in July 2021, FCC chiefs typically leave the commission altogether when there's a partisan change in administration.
--Editing by Jay Jackson Jr.
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