FCC Seen Hewing Closely to White House Priorities: Davis Wright Lawyers
FCC leadership, including Chairman Brendan Carr, is already closely aligned with President Donald Trump's agenda, lessening the effect of the president's executive order about increasing White House control over independent agencies like the FCC, Davis Wright attorneys blogged Monday. Carr's FCC will likely follow Trump's agenda and priorities in practice, regardless of the theoretical independence of commissioners, Davis Wright said. But an issue could arise that sees Republican-appointed commissioners splitting with Trump on key issues, it said. In that case, the level of presidential control over the FCC's agenda and whether Trump can remove commissioners over policy disagreements "may have serious practical consequences."
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U.S. Supreme Court cases Humphrey's Executor and Selia Law back the idea of FCC independence, the firm said. Commissioners may or may not be protected from removal without cause, depending on how a court sees the FCC and the way its powers are characterized as executive, quasi-executive or quasi-judicial, it added. But the issue isn't likely to come up during Carr's tenure, "as we expect that he will stay true to the President's agenda." The White House's deregulatory executive order -- which charges agencies with identifying regulations that are unconstitutional, illegal or otherwise burdensome to business -- could lead the FCC to single out the Communications Decency Act's Section 230. The agency might also focus on modernizing permitting processes, the blog noted, adding that Carr has expressed interest in limiting the FCC's Enforcement Bureau practices and may undertake bureau reforms. That would likely mean fewer enforcement actions, as well as reduced fines.
Carr also could have philosophical disagreements with greater FCC authority over internet services and infrastructure and move it away from pursuing that, Davis Wright said. Carr will likely continue heading off net neutrality-like regulations and oppose further review of the 6th U.S. Circuit Court of Appeals decision overturning the FCC's most recent net neutrality rules, focusing instead on closing the digital divide through aiding infrastructure and broadband service deployment. Writing the Davis Wright blog post were communications lawyers Soraya Mohamed, Heather Moelter, Alan Galloway and John Seiver.