
During the 2020 transition to the Biden administration, Commissioner Jessica Rosenworcel urged then-FCC Chairman Ajit Pai to “pause any controversial activity,” honoring the FCC’s tradition of restraint during power transfers—a request Pai respected. Last November, Commissioner Brendan Carr made the same appeal, but yesterday, Rosenworcel disregarded this precedent, potentially jeopardizing national security efforts.
In a pointed rebuke, FCC Commissioner Brendan Carr criticized FCC Chairwoman Jessica Rosenworcel and the Biden administration for advancing a contentious vote on cybersecurity measures yesterday, just days before a new administration reins. Carr’s strong statement called out the timing and content of the decision, accusing the FCC leadership of abandoning precedent and bipartisan cooperation in favor of a rushed, partisan move that he believes would complicate national security efforts.
A call to “Put the Pencil Down” rejected

ROCKY TRANSITION – FCC Chairwoman Jessica Rosenworcel blindsided Commissioner Brendan Carr by not pausing significant decisions during the transition period. He issued a pencils down request in November.
Carr’s criticism centers on his request to Chairwoman Rosenworcel to pause significant decisions during the transition to a new administration. He emphasized that this request mirrored Rosenworcel’s appeal to her predecessor, Ajit Pai, during the 2020 transition to the Biden administration. In 2020, Rosenworcel had called for restraint, urging the Trump-era FCC to avoid controversial measures that might complicate the incoming administration’s agenda. Yet, Carr alleges, she has failed to honor her standard.
“This decision flies in the face of the bipartisan collaboration that national security matters demand,” Carr said. “It’s the same principle she espoused four years ago, yet now it’s been cast aside for political expediency.”
The controversial Salt Typhoon vote
The vote concerns the FCC’s response to the Salt Typhoon cybersecurity threat, a massive cyber intrusion allegedly linked to adversaries associated with China. The breach, one of the most severe in U.S. history, exposed vulnerabilities in telecommunications networks, raising alarms about national security.
Carr argued in a statement that the FCC’s eleventh-hour decision, based on provisions within the Communications Assistance for Law Enforcement Act (CALEA), lacks legal grounding and undermines effective collaboration with intelligence and industry partners. He noted that no member of Congress or intelligence officials had endorsed the FCC’s proposed approach.
“The FCC’s decision does not address the severity of the threat effectively,” Carr stated. “Instead of focusing on actionable steps in partnership with the intelligence community and network providers, this vote imposes undefined cybersecurity obligations that overreach the FCC’s statutory authority.”
Legal and strategic concerns
Carr contends that the FCC’s interpretation of CALEA is flawed. While the act requires network providers to support law enforcement’s lawful intercepts within “switching premises,” the FCC has extended this mandate to encompass broader cybersecurity actions across entire networks. Carr warned that this reinterpretation risks destabilizing years of established regulatory precedent.
“The FCC’s unprecedented decision undermines not only today’s action but also every prior FCC action under CALEA,” he said. “It’s a reckless departure from the lawful and effective measures we’ve taken over the past four years.”
“The FCC has taken lawful, effective, and bipartisan actions on national security matters of the past four years. Why depart from that at the seventh hour? For a headline? To tie the hands of the incoming administration?”
Fallout and bipartisan frustration
Carr’s sharp critique was not confined to the FCC vote but extended to the broader implications for the incoming administration. He accused Rosenworcel and the Biden administration of creating unnecessary obstacles and complicating efforts to address cybersecurity threats effectively.
“The Biden administration has left a lot of messes for others to clean up. Add this one to the pile,” Carr remarked.
Carr reaffirmed his commitment to addressing cybersecurity threats in collaboration with his FCC colleagues, Congress, and the new administration despite the tensions. “We must restore America’s deterrence and harden our networks,” he said, emphasizing the need for a cohesive, bipartisan approach.
Rosenworcel’s defense and broader implications
Rosenworcel has defended the FCC’s actions, with her office arguing that the vote is a critical step in addressing nation-state cybersecurity threats, particularly those posed by China. A statement from National Security Advisor Jake Sullivan supported the FCC’s move, calling it “a necessary measure to bolster U.S. telecom cybersecurity.”
However, Carr’s dissent highlights deep divisions within the FCC and raises questions about the agency’s ability to maintain bipartisan unity on critical national security issues. As the FCC transitions to new leadership, the fallout from the Salt Typhoon vote underscores the challenges ahead in navigating the intersection of technology, regulation, and security.
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