House Judiciary Committee ranking member Jamie Raskin of Maryland, other panel Democrats and Free Press co-CEO Craig Aaron used a Wednesday hearing aimed at reviewing instances of claimed Biden administration censorship to lambaste Republican FCC Chairman Brendan Carr for ordering a string of investigations against U.S. broadcasters. The probes, launched since Carr took office Jan. 20, thus far focus on broadcasters that have aired content critical of President Donald Trump or otherwise face claims of pro-Democratic Party bias, though Carr has, in some cases, framed the scrutiny as focused on other matters (see 2502110063). House Judiciary Democrats also sharply criticized X owner Elon Musk for actions on the social media platform that they view as censorship of anti-Trump content.

A legal challenge to the FCC's over-the-air reception devices (OTARD) rules might face procedural problems, a federal judge said Tuesday. But the three-judge panel for the U.S. Court of Appeals for the D.C. Circuit also seemed skeptical during oral argument (docket 24-1108) of the commission's creating a "human presence" requirement in its OTARD rules for Indian Peak Properties. The company is appealing an FCC order that denied its petitions for declaratory ruling. Indian Peak was seeking a federal preemption under the OTARD rule of a Rancho Palos Verdes, California, decision to revoke its local permit for the deployment of rooftop antennas on a property (see 2405060035).

The FCC faces pressure to find a better, more market-oriented way to reallocate spectrum, but there are no obvious solutions in sight, auction experts said Tuesday. The discussion, during a Technology Policy Institute webinar, the first in its series on spectrum policy, comes as the fight over spectrum heats up, and the administration looks at the future of the lower 3 GHz, 7/8 GHz and other bands (see 2502100047).

Comcast confirmed Tuesday that FCC Chairman Brendan Carr has asked the Enforcement Bureau to launch a probe of its and subsidiary NBCUniversal’s diversity, equity and inclusion programs to determine if they violate equal employment opportunity laws. The move is Carr’s latest foray against U.S. broadcasters, including probes of CBS, NPR and PBS (see 2502050063 and 2501300065), since he became FCC chairman Jan. 20. Sen. Ed Markey, D-Mass., railed against the FCC and other federal agencies Tuesday for collectively “waging a relentless war on online speech and independent journalism” in the weeks since President Donald Trump returned to office last month.

Expect big changes to BEAD, with the Donald Trump administration and congressional Republicans rewriting the rules and putting more emphasis on efficient use of funding, tech policy experts said Tuesday at the annual State of the Net conference. Consultant Mike O'Rielly, a former FCC commissioner, said NTIA isn't likely to process any state's final proposals in the near term as it awaits where the administration and Congress take BEAD. States must be flexible and ready to pivot once that new direction becomes clear, he added.

The Competitive Carriers Association challenged parts of the FCC’s 5G Fund order in the U.S. Court of Appeals for the D.C. Circuit, seeking changes to the rules the agency adopted under former Chairwoman Jessica Rosenworcel (see 2408290041). Current Chairman Brendan Carr voted against the order, arguing that the fund should be launched only after the BEAD program plays out and money is awarded. CCA and the Rural Wireless Association voiced concerns when the order was approved in August.

Supporters of the AM Radio for Every Vehicle Act told us they see the Senate Commerce Committee’s strong vote Wednesday to advance its revised version of the measure (S-315) as a positive early step. But they acknowledged the Capitol Hill dynamics that led congressional leaders to scuttle a December bid to pass an earlier version of the measure via a year-end package remains an obstacle. Senate Commerce advanced S-315 on a voice vote, with Sen. John Curtis, R-Utah, asking the panel to record him as opposed (see 2502050052).

SpaceX's temporary loss of a $100 million contract with Ontario over a U.S./Canada tariff fight could be a harbinger of satellite communications services increasingly enmeshed in U.S. trade disputes. Some see non-U.S. satellite operators potentially benefiting from the Starlink contract episode.

Like staff at nearly every agency in Washington, FCC employees seem nervously waiting for the next moves of the Donald Trump administration and Elon Musk, even as they hunker down and continue doing their jobs, industry sources tell us. The FCC also appears to have taken further steps to comply with the White House’s executive order banning diversity, equity and inclusion (DEI) efforts after an initial wave of announcements immediately after Chairman Brendan Carr took office.

Lawyers who made the recent arguments at the U.S. Supreme Court in McLaughlin Chiropractic Associates v. McKesson agreed that the case will likely turn on the views of Chief Justice John Roberts and Justice Amy Coney Barrett. Morrison Foerster’s Joseph Palmore, who represented McKesson, and Gupta Wessler’s Matthew Wessler, representing McLaughlin, spoke during an FCBA continuing legal education event Wednesday.