Now that Democrats are taking over the executive branch, expect Congressional Republicans to shift gears on tech policy. Instead of trying to rewrite key internet legislation, the GOP will likely focus instead on stopping Democrats from doing anything at all. 

A prime example of this dynamic is the maneuvering around the Federal Communications Commission. A Senate committee voted Dec 2 to advance Trump’s nomination of Nathan Simington to the commission, a move that could deadlock the FCC between Democratic and Republican commissioners. Simington’s value as an FCC commissioner won’t be actually to do anything himself, but to keep other commissioners from doing things. Once FCC Chair Ajit Pai steps down in January, there will be four members left. And if the Senate doesn’t confirm Simington in the coming weeks, the Biden administration will start with a 2-1 majority on the five-member commission. That would leave the FCC free to pursue reinstating net neutrality, a Democratic priority that Republicans strongly oppose. The commission could also boost funding for low-income broadband programs as well as other initiatives that Republicans decry as wasteful. 

By deadlocking the commission at 2-2, the Republicans can effectively paralyze it until the Democrats get their own nominee seated. There’s no assurance that would happen quickly—or ever—if the GOP holds the Senate. Democrats won’t get to implement a sweeping agenda. But they aren’t exactly out of options. They could respond to Republicans’ hardball with hardball of their own, for example, by refusing to carry out normal business if the Senate holds up their nominee to replace Chairman Pai.

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