Potential FCC Nominees Could Cement GOP Majority

WASHINGTON, Nov. 27, 2024 – The Federal Communications Commission is poised for a shakeup under President-elect Donald Trump, with recent reports hinting at potential Republican nominees to join soon-to-be Chairman Brendan Carr. 

On Tuesday, the Akin law firm released an extended analysis of telecom policy under the new Trump administration, speculating on who might fill the open Republican seat on the FCC, joining Carr and Republican Commissioner Nathan Simington in order to create a 3-2 GOP voting advantage. 

"Getting a third Republican commissioner confirmed by a Republican Senate should occur relatively quickly, but the Senate calendar is crowded, and other nominations will likely take priority," the firm stated. 

Akin mentioned three potential candidates for the open GOP seat. The firm noted that Simington’s term has expired but that he may remain in his job until January 3, 2026.

"This will require either renomination of Simington or nomination of another Republican for the seat," Akin said.

Olivia Trusty

A staffer for Senate Commerce Committee member Sen. Roger Wicker, R-Mississippi, since 2018, Olivia Trusty has received the vocal endorsement of Wicker, the committee’s former chair, in support of her nomination. In January 2019, she was appointed policy director over the Subcommittee on Communications, Technology, Innovation, and the Internet, as well as the Subcommittee on Manufacturing, Trade, and Consumer Protection.

Known for her work on broadband infrastructure, Trusty supported Wicker in crafting key legislation, including the Broadband DATA Act, enacted in March 2020, which aimed to improve the accuracy of broadband mapping to better identify underserved areas. Two other bills Wicker introduced with Trusty’s help were the PRESERVE Online Speech Act and the PRO-SPEECH Act, both focused on combating online censorship practices by tech companies and ensuring transparency in content moderation.

Tom Johnson

Former FCC General Counsel Tom Johnson is another prominent contender. As the chief legal officer of the FCC, Johnson oversaw the legal review of significant orders, including the 2017 Restoring Internet Freedom Order, which repealed prior net neutrality rules. He successfully defended this framework before the U.S. Court of Appeals for the D.C. Circuit. 

Johnson achieved a landmark victory when the U.S. Supreme Court unanimously upheld the FCC's deregulation of media ownership rules, resulting in a  knockdown of a Third Circuit decision vacating those rules, thus allowing for pro-competitive media mergers that have been held up in court for decades.

Johnson also successfully defended the FCC’s National Security and Supply Chain Order, which established a framework to exclude insecure equipment from U.S. communications networks. His arguments led to a unanimous decision by the U.S. Court of Appeals for the Fifth Circuit, resulting in a decision rejecting constitutional and statutory arguments raised by Huawei.

In April 2021, Johnson joined Wiley Rein LLP as a partner and co-chair of the firm's Appellate Practice. His practice focuses on high-stakes appellate and regulatory litigation matters.

Arielle Roth

Arielle Roth, policy director of telecommunications for Ranking Member on the Senate Commerce Committee, Sen. Ted Cruz, R-Texas, has spent almost a decade working on federal communications and broadband policy, including in senior roles at the FCC and as Wireline Legal Advisor to former FCC Commissioner Michael O’Rielly.

Her previous congressional experience includes serving as legislative counsel to Sen. Roy Blunt, R-North Carolina, and as counsel on detail to the House Committee on Energy and Commerce. Before entering government, Roth was a legal fellow with the Hudson Institute's Center for the Economics of the Internet.