Control of Congress will give the Democrats subpoena power and significant influence over the budget for US regulator the FCC. But is that enough to shift a Commission built around auctions, deregulation and “American supremacy”?
At the time of writing, Democrats have gained seven senators and 30 additional members of the House of Representatives, meaning they can direct the chamber’s operations, set the legislative calendar, and, perhaps most concerningly for Republicans, launch investigations into the Trump administration.
Over the next two years, the administration can expect demands for documents and testimony, and possibly even impeachment proceedings. This includes the FCC, currently chaired by Republican Brendan Carr.
In 2025, the alleged abandonment of the principle of an independent FCC sparked a wave of attacks from Democrats, who accused Carr of leading a “politicised” FCC acting as an extension of Trump’s will.
In the past two years, the FCC has gained a reputation for attacking media freedom – through pressuring broadcasters in the case of Jimmy Kimmel or launching enquiries into the political commentary show “The View” on ABC.
Over the next two years, there could well be a flurry of subpoenas related to FCC controversies. On 5 November, Senator Richard Blumenthal, expected to chair the Senate’s Permanent Subcommittee on Investigations, wrote to Carr demanding documents on the FCC’s media investigations and its approval of the Paramount/Skydance merger, warning that subpoenas could follow in January.
Elon Musk, who has donated huge amounts to the Republicans, now faces a hostile Democratic Congress. SpaceX, the satellite operator he owns, announced straight after the elections that it was teaming up with Qualcomm to create a terrestrial 5G network. With rollout due to begin in 2027, SpaceX’s terrestrial ambitions may depend heavily on the goodwill of a Republican-led FCC just as a Democrat-controlled Congress turns its attention to Musk’s dealings with the Trump administration.
The FCC is currently led by two Republicans – Carr and Olivia Trusty. The only Democratic commissioner, Anna Gomez, can continue serving until 2027. Two seats remain vacant.
President Trump has nominated Republican Danielle Thumann Severs, but Democrats have been pressing to pair her confirmation with Gomez’s reconfirmation or the confirmation of a new Democratic Commissioner.
A nomination hearing has now been scheduled for next week. Republicans may push to get Severs confirmed before Democrats can do anything about it, creating a 3-1 advantage in their favour on the FCC.
US law establishes that only three members of a single party can sit on the Commission. If Gomez cannot be reconfirmed, then the best the Democrats will likely be able to do when they take control in January is to install two more Democratic commissioners, which will not affect the Republican quorum.
Despite the legal challenges and oversight expected to hit the Commission from January, it is unclear whether manoeuvring in Washington could flip the FCC.
In the spectrum world, the FCC in recent years has talked about harsh “reciprocity” towards Europe; sought to scrap regulations; pushed strongly for more auctions; backed controversial GNSSGlobal Navigation Satellite System (GNSS) … systems such as NextNav; and backed US “supremacy” as a strategic objective.
This is likely to remain the direction of travel for the next two years unless Democrats can secure a majority on the Commission. Changes to the committees the FCC depends on for funding, such as the House Appropriations Committee, could also have an impact by 2028, though this remains uncertain.
The FCC is already going into 2027 with less money than it asked for, and further tightening of the purse strings could limit its activities.
Initiatives such as the Huawei-removing “Rip and Replace”, the “delete, delete, delete” approach to regulation and even spectrum auctions could all be affected by restrictions on how funds are used.
The more pressing question for international partners may be WRC-27The World Radiocommunication Conference (W…. The FCC, NTIA, and the State Department draft US positions rather than Congress, so there may not be much change.
But the head of the US delegation has traditionally held ambassadorial rank. This is decided about six months before the conference. A Democratic-controlled Senate could make that confirmation far less straightforward.
It’s a waiting game now, but from January 2027, expect the Democrats to make their opening moves quickly and forcefully.
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