Biden administration’s delayed FCC appointments suggests telecom policy strategy overhaul in the works

Telecom policy wonks fretted and info tech press have scratched their heads for months over the Biden administration’s delay in fully staffing the Federal Communications Commission and naming a permanent chair. Affording the administration the benefit of the doubt, it’s likely the new administration has been taking its time developing a wholistic two-pronged telecommunications strategy.

Here’s how it might be playing out. The goal of the first part is to address the nation’s accumulated advanced telecommunications infrastructure deficits built up over the past two decades and bring robust connectivity to as many American doorsteps as quickly as possible. That element of the strategy is expressed in the administration’s “build back better” American Jobs Plan infrastructure initiative, now legislation pending in the House. It appropriates $42 billion to the states for advanced telecommunications infrastructure.

The second strategy prong would have a longer timeline with the goal of establishing a durable regulatory and subsidy regime to ensure Americans can get connectivity no matter where they live, with reliable service at affordable rates. It’s linked to the first prong: The infrastructure measure would require the FCC to conduct an inquiry on universal service and make policy recommendations to Congress.

Given the broad and long-term implications of that component, the administration would naturally want to move at a deliberate pace in nominating FCC members as well as naming a permanent chair. The administration would want to ensure its nominees are fully on board with its broader strategy and able to implement it.

It’s also possible the administration is mulling over the respective roles of the FCC and National Telecommunications and Information Administration relative to advanced telecommunications as part of a broader restructuring that could end up as a legislative proposal later in the administration. The NTIA will develop rules and oversee the telecom infrastructure funding allocated in the pending infrastructure bill.