By contrast, then-President Joe Biden waited nine months to choose a Democratic nominee in 2021. His first nominee, Gigi Sohn, wasn’t confirmed despite Democrats having control of the Senate at the time. The Biden-era FCC didn’t gain a Democratic majority until Gomez was confirmed in September 2023.
Carr would have a 2-1 majority upon Starks’ departure assuming there is no Senate vote on Trusty’s nomination before then. US law prevents either party from obtaining an FCC supermajority. “The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission,” the law says.
Democratic leaders can be expected to recommend a replacement for Starks’ seat. The president nominates all FCC commissioners, but Trump has previously followed the tradition of using recommendations made by Democrats when nominating members from the opposing party.
The Senate sometimes pairs votes on nominations so that one Democrat and one Republican are added to the FCC at the same time. There’s no guarantee that Republicans will wait for a Democratic nominee.
“I think the Republicans will move ahead as quickly as possible with Trusty. While she could be paired with a Democrat, and in different times, would have been, I think in today’s climate, they are more likely to move ahead without a pair,” New Street Research Policy Advisor Blair Levin told Ars.
Schumer reportedly urged Starks to stay awhile
Starks would have been a possible candidate for FCC chair if Kamala Harris had won the presidency and if Rosenworcel decided not to serve a second term as chair.
Carr issued a statement praising Starks for “an impressive legacy of accomplishments in public service.” Gomez said that Starks’ “expertise on national security issues and his deep understanding of the FCC’s Enforcement Bureau have been instrumental in advancing the agency’s mission,” and that he “demonstrated unwavering commitment to protecting consumers and strengthening our communications networks.”
Starks’ departure has been anticipated since shortly after Trump’s election win. In December, Schumer reportedly urged Starks to stay at the FCC for awhile to delay the Republicans gaining a majority.
There might be another Republican seat to fill sometime after Trusty’s nomination receives a Senate vote. Carr’s fellow Republican on the commission, Nathan Simington, “has also wanted to depart to take on different work,” a Bloomberg report said.
