Senate Republicans push to add an FCC member before losing control

Senate Republicans are trying to add another Republican to the Federal Communications Commission (FCC) before they hand over control of the Senate next year. A confirmation hearing for nominee Danielle Thumann Severs is set for November 10. Critics warn it could set up a fight over whether the agency that oversees TV, radio and phone rules can legally operate with no Democrats.

What changed

Sen. Ted Cruz, a Texas Republican, announced this week that the Senate Commerce Committee will hold the hearing. Thumann Severs is an aide to FCC Chairman Brendan Carr. President Trump nominated her in August. If the committee advances her name, the full Senate could vote before Republicans lose their majority in January.

The FCC now has three commissioners, the minimum needed to do business. Two are Republicans and one is a Democrat, Anna Gomez. Confirming Thumann Severs would make it 3 to 1.

Why the law is in dispute

Gomez's term expired June 30. She can keep serving through the end of 2027 under a rule that lets commissioners stay on, unless a successor takes office sooner. Sen. Ron Wyden, an Oregon Democrat, wrote to her about speculation that Trump could fire her once Thumann Severs is confirmed. That would leave an all-Republican panel of three.

The FCC can have five members, and the law allows no more than three from one party. Wyden argues that means both parties must be represented even when seats are empty. That reading could be challenged in court. Whether a 3 to 0 commission would be legal is disputed.

Who it affects

Wyden warned that every license renewal, equipment certification and spectrum transfer would be legally defective under an all-Republican panel. Spectrum means the radio airwaves that broadcasters and phone companies use. In his words, that would cast a cloud of legal uncertainty over the whole communications industry.

• Broadcasters, whose licenses the FCC renews and reviews.
• Phone and wireless companies that depend on airwave approvals.
• Makers of gadgets that need FCC certification before they can be sold.

The backdrop

Carr told senators last year the FCC is not an independent agency, and its website dropped the word from its mission statement. He has threatened broadcasters at odds with the president. ABC faced early license reviews and investigations after Jimmy Kimmel's comments about Charlie Kirk. In August the FCC also scrapped its 39% cap on national TV reach. Gomez called that move unlawful.

What happens next

The November 10 hearing comes first. After that, the committee must advance the nomination, and the full Senate must vote. It is not known whether Trump would try to remove Gomez, or whether a court would rule on a 3 to 0 commission. Wyden's letter describes speculation, not a confirmed plan.