Tom Wheeler’s time as chairman of the Federal Communications Commission is nearing an end now that Republican Donald Trump has won the presidency. You can expect Wheeler to step down from his chairmanship on or before January 20, when Trump is inaugurated.
It’s customary for the chair to step down when the White House shifts to the opposing party. All five FCC commissioners are appointed by the president and confirmed by the US Senate, with the president’s party having a one-vote majority. (The president usually appoints minority party commissioners based on recommendations made by minority party lawmakers.)
Trump can’t force Wheeler, a Democrat, to leave the commission entirely before his term expires, but the president can designate a new chairperson.
“The president decides who is the chair, so Wheeler will certainly no longer be chair on the first day of the administration,” Harold Feld, an expert on the FCC who is senior VP of advocacy group Public Knowledge, told Ars.
Wheeler’s FCC passed a number of controversial changes, none bigger than the reclassification of broadband providers as common carriers and imposition of net neutrality rules. If Democrat Hillary Clinton had won the election, Wheeler would still likely step down sometime in 2017, but he could push through some more rule changes without fearing that they would be quickly undone.
With Republicans about to take over, any last-minute votes are in danger of being overturned. Wheeler’s attempt to save customers money by reforming the cable TV set-top box market may therefore be dead.
Chairman Pai?
Ajit Pai, the longest serving of the two Republican commissioners, would likely become interim chairman until Trump chooses a permanent successor, Feld said. Once Republicans obtain a majority, they could try to roll back net neutrality regulations and other controversial policies passed under Wheeler. (We contacted Pai today but haven’t heard back yet. Republican Commissioner Michael O’Rielly’s office declined to comment.)
Wheeler’s five-year term doesn’t technically expire until November 2018, so he could stay on as a commissioner but not the chair for a while. Wheeler might want to do that if it’s necessary to preserve a 2-2 split between Democrats and Republicans during the period before a third Republican joins the commission, Feld said.