The FCC has run low on time to adopt an order trimming a liability shield for social media companies, leaving the fate of a request from President Donald Trump in doubt.

Republican FCC Chairman Ajit Pai let slip a Wednesday deadline for setting a vote on the proposal at the next monthly meeting of the agency, which is scheduled for Jan. 13 and is the last before he leaves the commission a week later.

The Commerce Department, prompted by a Trump order, asked the FCC to offer an interpretation of Section 230 that critics said would leave Facebook Inc., Twitter Inc. and others more vulnerable to litigation for moderating the posts of users.

Pai has a three-member Republican majority until he leaves. He could call a special meeting, or simply have FCC staff issue an order, said Andrew Jay Schwartzman of the Benton Institute for Broadband & Society.

An order without a vote by the commissioners wouldn’t carry as much weight before courts as language adopted by a vote, and “in fact, even a full FCC declaration might not be given too much weight,” Schwartzman said in an email.

Although Biden has criticized Section 230, his campaign realso slammed Trump’s order to rein in Big Tech when it was issued in May.

“I don’t see the incentive for him to do anything at this moment,” said Gigi Sohn, a former Democratic FCC aide, said of Pai. “Is anybody screaming and yelling at this point? Why bother?”

More at Bloomberg.