I've read the president's party can only have a 3-2 majority in the FCC? Is this a law or a tradition? And, is there anything that prohibits the president from appointing a different minority to the FCC?

Could Obama have appointed a Green Party candidate to the FCC rather than Ajit Pai?

1 Answer 1


47 U.S. Code § 154 states that

The maximum number of commissioners who may be members of the same political party shall be a number equal to the least number of commissioners which constitutes a majority of the full membership of the Commission.

It does not specify political parties, just that the maximum amount of commissioners from one party is equal to the least amount required for a majority, so in its current state, a majority is 3/5. So yes, hypothetically Obama could have appointed a Green Party member, but no more Democrats, if one of the Republican's 5 year terms was up or the Senate confirmed them as a successor to the current person in office, in which case they would finish out that term.

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