FCC faces potential operational gridlock as two commissioners exits

The Federal Communications Commission will be left with just two sitting members by the end of the week following the resignations of Republican Commissioner Nathan Simington and Democratic Commissioner Geoffrey Starks. The departures temporarily suspend the agency’s ability to enact new rules or regulations.

Starks first signaled his departure in March and confirmed this week that his final day at the agency will be Friday, June 6. Simington, who had not previously indicated he would resign imminently, made his announcement Tuesday. He will leave on the same day as Starks.

“I will be concluding my tenure at the Federal Communications Commission at the end of this week,” Simington said in a written statement. “It has been the greatest honor of my professional life to serve the American people as a Commissioner.”

Simington was nominated by President Donald Trump and confirmed by the Senate in late 2020. His resignation came as a surprise to many in Washington, including FCC Chairman Brendan Carr.

In a blog post, Carr thanked both commissioners for their service.

Starks, in a formal statement, expressed gratitude to his colleagues and staff. “I am immensely proud of all that we have achieved together,” he said. “Most importantly, I want to thank the staff of the Commission — in my opinion, the very best of public servants.”

With only Carr and Commissioner Anna Gomez remaining, the FCC falls below the three-member quorum required by law to conduct formal votes or initiate new rulemaking proceedings.

This scenario effectively halts the commission’s policy agenda until at least one new commissioner is confirmed by the Senate.

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Carr, who was elevated to chairman by Trump and is known for favoring deregulation of telecommunications, had anticipated gaining a 2-1 Republican majority following Starks’ exit. That balance would have been established upon Senate confirmation of Olivia Trusty, a Trump nominee. Now, confirmation of Trusty alone would not reestablish a quorum.

Simington’s early departure delays Republican plans to advance deregulatory proposals through a majority vote. According to reports, Simington had been considering a move to the private sector but had not publicly set a departure date before this week.

Without a quorum, the commission is unable to finalize pending actions, including changes proposed by Carr to roll back more than 70 cable rate regulations, update accessibility rules and modify reporting requirements for broadband providers. Carr stated that he still intends to proceed with the FCC’s next open meeting, scheduled for June 26.

“There’s a lot of time between now and our scheduled June 26 Commission meeting,” Carr wrote. “Stay tuned.”

Republican lawmakers are reportedly working to accelerate Trusty’s confirmation, while Democrats have called for the traditional pairing of a Republican and Democratic nominee to preserve balance on the commission.

At full strength, the FCC comprises five commissioners, including a chair appointed by the president and subject to Senate confirmation. The current configuration and upcoming nominations are expected to shape the commission’s direction on issues such as net neutrality, broadband access, and media ownership regulations.