President Donald Trump on Sept. 15 announced his intent to nominate Nathan Simington to be a commissioner at the U.S. Federal Communications Commission.
Simington — who is currently a senior advisor at the National Telecommunications and Information Administration, an agency within the Department of Commerce principally responsible for advising the president on telecommunications and information policy issues — reportedly played a large role in drafting the agency's petition that was mandated under a controversial social media executive order signed by Trump on May 28.
As ordered by Trump, the petition asks the FCC to review and clarify certain legal protections provided under Section 230 of the Communications Decency Act, a landmark piece of legislation that protects internet platforms from civil and criminal liability for content created and posted by users.
In announcing his intent to nominate Simington, Trump cited Simington's experience with next-generation 5G security and secure supply chains, as well as the American Broadband Initiative.
The nomination would fill the seat of Republican FCC Commissioner Michael O'Rielly, who was going through the reconfirmation process for another term until his nomination was abruptly withdrawn in August.
Trump did not give a reason for withdrawing O'Rielly's nomination, though some political observers believe it may have had to do with the commissioner's comments relating to First Amendment protections and the FCC's authority to define certain legal protections under Section 230 of the Communications Decency Act.
In a speech this summer that O'Rielly said was not directed at Trump or the White House, O'Rielly said he was "very troubled by certain opportunists elsewhere who claim to be the First Amendment's biggest heroes but only come to its defense when convenient and constantly shift its meaning to fit their current political objectives."
Republicans on the commission currently hold a 3-2 majority, but that could change depending on the outcome of the November presidential election and whether someone is confirmed to O'Rielly's seat by the end of the year. Without a 2020 confirmation, the FCC would potentially be left with a 2-2 political split that would only be broken by whichever party wins the White House after the election.
No other commissioners have terms due to expire before 2022, though some speculate that Republican Chairman Ajit Pai may choose to leave the FCC if Democratic candidate Joe Biden wins the White House. If Biden won, he would choose a new chairman to lead the FCC, though Pai could remain on the commission until his term expires in July 2021.
In August, two former FCC staffers who spoke to S&P Global Market Intelligence cast doubt on the ability of the Republican-controlled Senate to confirm a new FCC nominee by the end of the year.
Prior to his appointment at NTIA, Simington was senior counsel to Brightstar Corp., a Miami-based wireless distribution company.
In response to the White House’s announcement, O'Rielly tweeted "sincere congrats" to Simington, wishing him a smooth confirmation and successful term at the commission.