FCC Chairman Brendan Carr’s warning letters to media companies are “a new and coercive technique” for agency action “without needing to follow the niceties of commission votes and judicial review,” and an agency opinion on tech platform liability would likely follow the same pattern, wrote former FCC Chairman Tom Wheeler in a post Tuesday for the Brookings Institution. Rather than aiming at the deregulation often emphasized by conservatives, Carr is increasing the regulatory reach of the FCC “to attack corporate decisions he and [President] Donald Trump do not like,” Wheeler said. “Acting through coercion rather than regulation appears to be a workaround of the limits placed on agency authority by recent Supreme Court decisions sought by conservatives.” Rather than using agency processes to investigate matters and build a record, Carr is “unilaterally reaching a conclusion” and initiating enforcement proceedings, Wheeler said. “While this may be possible under the agency’s procedures, the result is anything but procedural and transparent.”
An FCC advisory opinion on Section 230 of the Communications Decency Act would be “a fool's errand” and should be “DOA,” Commissioner Anna Gomez said Sunday in a thread on X responding to a New York Post report that FCC Chairman Brendan Carr is planning to act on 230 soon. “The FCC should not be in the business of controlling online speech,” Gomez said. “Congress and the courts must quickly step in to stop this unlawful power grab.”
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.
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.
Law professor Adam Candeub, who was an attorney in the FCC's Media and Common Carrier bureaus as well as acting NTIA head, is returning to the commission as general counsel. Candeub brings with him strong criticisms of Big Tech. In response to a post on X about Candeub not being the GC that Big Tech executives would have preferred, FCC Chairman Brendan Carr replied that the agency "will work to dismantle the censorship cartel and restore free speech rights to everyday Americans." He added: "I look forward to Adam Candeub serving as the FCC's General Counsel. He is going to do great things!"
A White House executive order on diversity, equality and inclusion (DEI) programs could lead to telecom companies abandoning such efforts, causing a rollback of progress on diversity, said industry executives and public interest attorneys during a FCBA panel discussion Tuesday. There is “fear and chaos” in “lots of corridors and hallways of corporate America” over the DEI executive order and anticipation of future White House action in that vein, said Clint Odom, T-Mobile vice president-strategic alliances and external affairs and a former FCC aide. “The world seems to be lining up between the companies that are doing DEI and the companies that are retreating from it.”
Congress' oversight of broadband subsidy programs should include moving universal service funding from a surcharge to direct congressional appropriations, the Competitive Enterprise Institute said Tuesday as it issued "a pro-growth agenda" for the 119th Congress. CEI urged a focus on reform and oversight of BEAD and reauthorization of the FCC's spectrum auction authority. The libertarian public policy organization also said Congress should oppose efforts at repealing or curtailing Section 230 of the Communications Decency Act.
FCC Commissioner Brendan Carr’s Nov. 13 letters to tech companies (see 2411150032) about their relationship with news website rating service NewsGuard are inaccurate and repeat false information, NewsGuard co-CEOs Steven Brill and Gordon Crovitz said in a letter Friday to Carr, the agency's incoming chair. “We wish you had reached out to us before sending your letter because it relies on false reporting about us,” the co-CEOs wrote. Carr also relied on reporting from Newsmax, which has “misled” the commissioner in order to undermine the service’s credibility because it rates Newsmax poorly, NewsGuard's letter said. “An analogy would be a maker of unsafe cars objecting to its rating by Consumer Reports by making false claims about the magazine’s testing process,” NewsGuard said.
The U.S. Supreme Court decision doing away with Chevron deference won’t grind the next FCC to a halt but could prompt congressional action on the USF, former FCC officials said during panel discussions Thursday at Broadband Breakfast’s "Broadband in the Trump Administration" event.