In a move that mirrors past transitions of power, Republican leaders are urging the Federal Communications Commission (FCC) to temporarily hold any contentious regulatory initiatives until President-elect Donald Trump takes office on January 20. This “pencils down” approach, often invoked during transitional periods, aims to restrict the FCC’s agenda to non-controversial matters, ensuring a smooth handover of authority. It’s a familiar request, echoing similar actions by Democrats in 2020 when they won the White House.
FCC Commissioner Brendan Carr, a frontrunner for the FCC chairmanship under Trump’s incoming administration, expressed Thursday his desire for the FCC to avoid divisive decisions during the transition period. Likewise, House Commerce Committee Chair Cathy McMorris Rodgers (R-Wash.) formally requested in a letter to FCC Chairwoman Jessica Rosenworcel that the agency’s agenda be limited to consensus-based issues. McMorris Rodgers’ letter emphasized the importance of adhering to “a traditional part of the peaceful transfer of power” and refraining from advancing contentious items that could complicate the transition. Senate Republicans are expected to echo these sentiments in the coming days.
McMorris Rodgers’s request isn’t a personal critique of Rosenworcel; she has sent similar letters to heads of other federal agencies, including the Consumer Product Safety Commission (CPSC) and the Federal Trade Commission (FTC). This action aligns with standard expectations for transitioning government bodies, aiming to maintain policy stability and consistency.
The cable industry, in particular, could benefit if Rosenworcel adheres to this directive. Some of her proposed initiatives, like banning bulk billing contracts for internet in multi-dwelling units (MDUs), eliminating early termination and billing cycle fees, and imposing new rebate requirements for consumers impacted by TV station blackouts, are now at risk of stalling. In addition, she’s been scrutinized for pushing regulatory boundaries, with Republicans accusing her of overstepping on issues that have generated significant industry debate.
This approach of temporarily halting regulatory actions is not limited to any political party. In 2020, following Biden’s election victory, Democratic leaders also requested that the FCC and FTC stop pursuing significant regulatory actions. Democratic FCC Commissioners Jessica Rosenworcel and Geoffrey Starks, who are now on the receiving end of similar requests, supported the 2020 “pencils down” push. At the time, Commerce Chairman Frank Pallone (D-N.J.) and Mike Doyle (D-Pa.), chair of the Communications Subcommittee, sent letters to then-FCC Chairman Ajit Pai, advising him to restrict the agency’s work to non-partisan items for the duration of his tenure.
