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Law360 (January 29, 2021, 6:40 PM EST) -- Progressive groups asked members of Congress and the Biden administration on Thursday to quickly nominate and confirm a third Democratic member of the Federal Communications Commission, a move that would break the agency's current partisan deadlock.
The letter — signed by over 30 groups including the American Civil Liberties Union, Free Press and Public Knowledge — cites a crucial agenda facing the agency right now, such as rolling out a $3.2 billion emergency broadband program designed to get disadvantaged Americans online as the coronavirus pandemic rages on.
"We urge you to act quickly to fill the remaining commissioner's seat at the FCC by the end of March," according to the letter. "Vulnerable and disconnected families need immediate assistance to conquer the digital divide during this pandemic, and they cannot afford the delay of partisan gridlock."
Although Commissioner Jessica Rosenworcel was recently appointed to acting agency chair, she can't leverage the usual liberty FCC chairs exercise over the agency's agenda and priorities. The current FCC's 2-2 partisan split means only issues with strong bipartisan support will gain passage.
According to the groups, this could be a roadblock to advancing Democratic priorities that expand government-funded benefits, like extending the E-Rate subsidy program from covering campuses and libraries to covering at-home internet for students as well.
"FCC action is urgently needed to bridge the digital divide so that all people have affordable internet access enabling them to stay safe while working and learning remotely," the groups wrote. "We ask you to ensure that these critical efforts are not stalled in a deadlocked FCC by seating a fifth commissioner as soon as possible."
The groups also cited statistics that point to a disproportionate number of low-income people and people of color who lack broadband while more privileged counterparts enjoy easier access to online education and work.
"Leaving the agency in charge of charting the course for affordable communications access and infrastructure impotent to pursue the bold action required at this time would be a serious failing," according to the letter.
The first step for filling the glaring vacancy is a presidential nomination — something the Biden White House will have to put forth. The Senate Commerce Committee would then have to question the candidate in a confirmation hearing, and the full Senate must approve the nomination with a simple majority vote.
--Editing by Emily Kokoll.
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