- Nathan Simington's exit comes at the same time Geoffrey Starks is leaving the commission
- Simington didn’t give a reason for leaving but said the FCC is in “excellent hands” with FCC Chairman Brendan Carr
- With FCC nominee Olivia Trusty in the wings, Carr will get a quorum in the near future, but Carr doesn’t necessarily need one to accomplish much of his agenda
Republican FCC Commissioner Nathan Simington abruptly announced Wednesday that he is leaving the FCC at the end of this week, meaning two of the four current commissioners are headed for the door.
Democrat Commissioner Geoffrey Starks, who announced his departure in March, also said he’s leaving at the end of the week.
That leaves Republican Chairman Brendan Carr and Democratic Commissioner Anna Gomez as the sole commissioners. The FCC requires a three-person quorum to take certain actions, but Carr doesn’t need a quorum for much of what he wants to accomplish, so it’s essentially a one-man show. The commission usually has five members, with the majority reflecting the party that’s occupying the White House.
Simington didn’t give a reason for his departure, although it has been rumored for months. Two of his top aides left his office in March, but the hire of Gavin Wax as chief of staff in April made it look like he might be staying. Now, it’s possible that Wax is angling for Simington’s job.
In an email, Wax told Fierce that he has no comment on whether he’s interested in the commissioner's job. As for Simington’s reason for leaving, Wax said the commissioner was up for reappointment and wasn't seeking it. Instead, Simington would like to pursue “other professional opportunities,” without going into exactly what those entail.
Simington: Grateful for time at FCC
Indeed, in his departing statement, Simington said he’s grateful for his time at the FCC and that the agency is in “excellent hands” under Carr’s leadership.
“As I turn the page on this chapter, I do so with immense gratitude for the opportunity to serve and for the many colleagues and friends who made this journey so meaningful. I look forward to continuing to serve the public interest in the years ahead and to contributing to the vital conversations surrounding our communications infrastructure, national security and technological leadership,” Simington said in the statement.
Meanwhile, Starks issued a statement just after Simington’s that said Starks is leaving at the end of this week. Starks’ desire to leave also had been known among Washington, D.C., circles for months before he made it official in May, but he didn’t provide a definitive departure date at that time.
Republican Trump nominee Olivia Trusty will fill one of the seats on the commission when her nomination gets Senate approval. That could happen in the next few months, but that’s not a certainty because concern over the reconciliation bill may take up all the time and political resources available at the Senate for the foreseeable future, according to New Street Research policy analyst Blair Levin, who is also a former FCC chief of staff.
In a note for investors, Levin said that on many issues, such as EchoStar’s spectrum licenses and merger and enforcement actions, the departures of Starks and Simington will have no impact.
As Levin’s said before, Carr doesn’t need a quorum to do most of what he wants to do. The way Carr’s been operating is largely through delegation to staff members of the bureau. With EchoStar, he directed the Space Bureau and Wireless Telecommunications Bureau to open proceedings investigating EchoStar’s 2 GHz/AWS-4 holdings and 5G network buildout; Carr apparently doesn’t need a full commission vote to take action against EchoStar.
Will Trump fire Gomez?
Trump has already fired Democratic commissioners at the Federal Trade Commission (FTC) and a lot of people are wondering if he’s going to fire Gomez, the lone Democrat at the FCC. While Trump’s FTC firing is facing court review, a recent Supreme Court decision suggests that Trump will not be shy about firing Gomez if he so chooses, Levin said.
But he thinks Trump is unlikely to fire Gomez until after Trusty arrives because that would mean the FCC wouldn’t have a quorum, delaying action on the few areas where Carr needs the commission to act.
During a press conference after the May FCC public meeting, Gomez noted that she’s been going to more retirement parties than she’s attended in a long time as the Trump administration pressures federal employees to leave their jobs. That’s also creating low morale among the staff at the FCC.
However, she described the dynamics as “very collegial” among the commissioners and while she’s going to be in the minority, that’s not going to stop her from speaking out, which she has been doing through her First Amendment Tour that focuses on free speech and freedom of expression.
At an event in Los Angeles last week, she said if she is illegally fired, she’ll go down swinging, speaking out against “sham investigations” and a campaign of censorship and control across the Trump administration.