Rodgers Requests Pencils Down from FCC, FTC as Trump Wins 2nd Term

House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., urged FCC Chairwoman Jessica Rosenworcel and FTC Chair Lina Khan Wednesday to stand down from working on controversial matters during the transition from President Joe Biden to former President Donald Trump, who won a second term that morning (see 2411060042). Senate GOP leaders will likely send similar “pencils down” letters, lobbyists told us. Senate Commerce Committee ranking member Ted Cruz of Texas and other GOP leaders are likely to have their positions against controversial FCC and FTC action strengthened given the party won control of the upper chamber Tuesday night, lobbyists said. Cruz appears on course to take the Senate Commerce gavel next year, having prevailed Tuesday as part of the Republicans' victory (see 2411060001).

“The results of the 2024 presidential election are now apparent and leadership” of the FCC and FTC “will soon change,” Rodgers said in separate letters to Khan and Rosenworcel. “As a traditional part of the peaceful transfer of power,” both agencies “should immediately stop work on any partisan or controversial item under consideration, consistent with applicable law and regulation.” Panel Democrats made a pencils-down request to then-FCC Chairman Ajit Pai in November 2020 after Biden’s victory (see 2011100061).

There “are many bipartisan, consensus items” that the FCC and FTC “could pursue to fulfill” their missions before the transition, Rodgers told Khan and Rosenworcel. “I urge you to focus your attention on these matters.” Senate GOP letters to Rosenworcel and Khan were in process Wednesday, lobbyists told us. Cruz’s office didn’t comment.

Rosenworcel was silent Wednesday about whether she will pare the FCC’s agenda during the remainder of the Biden administration to avoid non-bipartisan actions being subject to Congressional Review Act repeal attempts. It’s not clear whether Rosenworcel's FCC will slow down in response to congressional GOP pressure, industry officials told us. Officials don't view the FCC’s November agenda as particularly controversial, but an order on retransmission consent blackout reporting and some items on circulation have received industry pushback. Industry officials said the FCC could relatively quickly knock down items that have existing reconsideration petitions, such as the recent Audacy foreign-ownership waiver (see 2409300046), with recon orders. NAB in December 2016 filed a petition for reconsideration against the 2014 quadrennial review order and the FCC under then-Chairman Ajit Pai issued a recon order rolling back much of the QR by September 2017.

Election Results

All major news organizations called the election for Cruz, who led Democratic Rep. Colin Allred Wednesday 53%-45% with 98% of votes counted. News organizations similarly declared Senate Commerce member Deb Fischer, R-Neb., the winner in her tight contest against independent candidate Dan Osborn. Fischer led Osborn Wednesday 54%-46% with 94% of votes counted. Panel member Tammy Baldwin, D-Wis., also prevailed Wednesday afternoon after a strong challenge from Republican Eric Hovde. Baldwin, who’s also Senate Appropriations Labor, Health and Human Services, Education and Related Agencies Subcommittee chair, led Hovde by more than 27,000 votes Wednesday afternoon with 99% of votes counted.

Senate Commerce member Jon Tester, D-Mont., lost his reelection bid against Republican businessman Tim Sheehy, who led in their contest Wednesday 53%-45% with 84% of votes counted. News organizations hadn’t called the race between panel member Jacky Rosen, D-Nev., and Republican challenger Sam Brown, who led by about 6,000 votes, with 88% of the tally finished. Four other Senate Commerce members also won reelection, including current Chair Maria Cantwell, D-Wash.; Consumer Protection Subcommittee ranking member Marsha Blackburn, R-Tenn.; Amy Klobuchar, D-Minn.; and former panel Chairman Roger Wicker, R-Miss.

There was less clarity in the House, where the fight for control remained unresolved Wednesday afternoon. Republicans had 207 seats and Democrats 188. News organizations had not called one tight House Commerce contest. Rep. Mariannette Miller-Meeks, R-Iowa, led Democratic challenger Christina Bohannan by 799 votes with 99% of the tally finished.

Four other House Commerce members considered vulnerable before the election had secured another term as of Wednesday: Angie Craig, D-Minn.; John James, R-Mich.; Kim Schrier, D-Wash., and Darren Soto, D-Fla. House Judiciary Committee member Rep. Kevin Kiley, R-Calif., won his reelection bid against Democrat Jessica Morse. House Appropriations Commerce, Justice, Science and Related Agencies Subcommittee ranking member Matt Cartwright, D-Pa., lost his reelection bid to Republican Rob Bresnahan, who led 51%-49% Wednesday with 99% of votes counted.