ODV,

This afternoon the Senate confirmed Nathan Simington to be a Commissioner at the FCC, on a vote of 49-46.  Upon swearing in, he will take the seat of Michael O’Rielly, whose nomination was pulled by President Trump last summer shortly before it was to go to the Senate floor.

Chairman Pai announced last week that he will depart on January 20, opening a seat for President Biden to appoint a new Commissioner to form a new 3-2 majority.  Biden can designate the new Commissioner as Chairman, or select one of the two sitting Democrats already on the Commission (Commissioner Rosenworcel and Commissioner Starks).  If Biden intends to introduce a new Chairman, on January 20 he will designate one of the two sitting Democrats as “acting-Chairman”  to manage the Commission until his new pick arrives.  The Commission will have a 2-2 party split until Biden’s nomination for Pai’s seat is confirmed and sworn in.

Let me know if any questions.

73, Dave

David R. Siddall

Managing Partner

DS Law, PLLC

1629 K St. NW, Ste 300

Washington, DC 20006

direct: +1 202 559 4690

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