Trusty Joins Carr on Broadcaster Rights, Says Trump Can Likely Fire Commissioners

Carr’s withering criticism of remarks made by ABC late-night host Jimmy Kimmel and threats of retribution led the network to pull him off the air in an action that sent shock waves through much of the country and dominated the news cycle Wednesday night (see 2509180066). Congressional Democrats called on Carr to resign (see 2509180055).

“Broadcasters have privileged access to spectrum, and as a result, they are expected to operate in the public interest,” Trusty said in response to a question after her speech. “Under the law, we have a responsibility to make sure broadcasters are complying with their public interest obligations, and that’s what I’m doing.”

Trusty noted that ABC's action followed announcements by Nexstar and Sinclair, major operators of ABC affiliates, who said they would no longer carry Jimmy Kimmel Live! “Nexstar and Sinclair made a business decision to remove, or at least suspend, the Jimmy Kimmel show because they did not believe [the show] was in the public interest for their viewers,” she said.

Asked if she was worried about censorship, Trusty responded that “everything is evaluated on a case-by-case basis.” She also said she’s not a spokesperson for Carr, and questions about his comments Wednesday should be directed to him. In general, she believes “firmly in the First Amendment.”

Asked whether Trump has the authority to remove FCC commissioners, as he fired commissioners at the FTC and other agencies, Trusty discussed the “unitary executive” theory, which has become a mainstream Republican view under this administration (see 2503200057). Trump “is the chief executive, and he is vested with all executive power in our government.”

“As it relates to FCC commissioners, we do not have for-cause removal protections,” she added. “Whether the FCC is legally independent from the executive branch, that is tied up in courts, and they will resolve the issues there."

In the most recent development, Supreme Court Chief Justice John Roberts upheld Trump’s firing of FTC Commissioner Rebecca Kelly Slaughter while the court reviews her case (see 2509080033). The Communications Act specifies that not more than three FCC commissioners may be of the same party, but some speculate that could allow Trump to appoint an independent, libertarian or supportive nominal Democrat (see 2503200057). Democratic Commissioner Anna Gomez has said repeatedly that she logs into her computer each morning not knowing whether she has been fired.

In her speech, Trusty said that since joining the FCC from Capitol Hill, she has been impressed by the agency's staff. “What’s surprised me most is the technical complexity of the work being done by our bureaus and offices every single day.” Most people don’t know the extent to which the staff's work touches their lives every day: “resolving interference disputes, managing orbital debris or working to ensure the predictability and sustainability of universal service."

Trusty otherwise addressed what have been some of her trademark themes in other speeches, including one she gave to the Competitive Carriers Association earlier this week (see 2509170050). She said her three top focuses are improving public safety and national security communications, achieving universal connectivity and “restoring U.S. leadership in next-gen technologies.” Picking up on a theme from Trump, Trusty said the U.S. has entered a “new golden age.”

Former FCC Commissioner Mike O’Rielly, who also spoke at the event, said Trusty should “enjoy these early days” at the agency. “There will be moments when it gets dark, and you might get a couple of burns here and there.”