Carr Eyes Broadcasters' 'Public Interest Obligation,' End of Pro-DEI Policies for FCC Agenda
Republican FCC Commissioner Brendan Carr swiftly pointed Sunday night and Monday to enforcing broadcasters’ “public interest obligation” and ending the commission’s “promotion of” diversity, equity and inclusion policies as key parts of his agenda once he becomes chairman Jan. 20. President-elect Donald Trump announced plans Sunday night to make Carr permanent chairman when he takes office (see 2411170001). Some congressional Democrats and public interest groups criticized Carr’s agenda, while many communications policy-focused groups quickly praised the long-expected appointment (see 2407120002).
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Broadcasters “have had the privilege of using a scarce and valuable public resource” via allocated spectrum, Carr said Monday. “In turn, they are required by law to operate in the public interest. When the transition is complete, the FCC will enforce this public interest obligation.” Carr just days after the election noted interest in reining in broadcasters (see 2411080046). He also called for an FCC investigation into whether NBC violated the agency’s equal time rules when it broadcast an appearance by then-Democratic presidential nominee Kamala Harris on Saturday Night Live (see 2411040057).
NAB looks forward “to working with” Carr to “continue ensuring that local broadcasting remains an indispensable resource for the public, especially in the face of unregulated Big Tech behemoths that undermine trust and local journalism,” a spokesperson said. “America’s local broadcasters proudly uphold their responsibility to serve the public interest every day.”
Carr said Sunday he wants to “dismantle the censorship cartel and restore free speech rights for everyday Americans.” SpaceX CEO Elon Musk, a Carr backer who owns X and will play a role via Trump’s Department of Government Efficiency in potentially recommending a major structural revamp of federal agencies (see 2411130034), praised the proposal. Carr advocated for rolling back Communications Decency Act Section 230 protections for tech companies as part of his commission-focused chapter in the Heritage Foundation’s Project 2025 manifesto (see 2407050015).
Sen. Ed Markey, D-Mass., cited Carr’s recent scrutiny of the relationship between major tech companies and NewsGuard, a tool that ranks news and information on social media sites (see 2411150032), as an example of “what censorship looks like: a regulator implicitly threatening private companies for their speech.” The FCC “under Trump is prepared to become the Federal Censorship Commission,” Markey said: “We can't let that happen.” NewsGuard said last week that Carr’s characterization that it “favors censorship … is false.”
Other congressional Democrats will also likely raise concerns about Carr becoming chairman ahead of Jan. 20, but he doesn’t face a looming Senate confirmation battle that his agenda comments would otherwise affect, lobbyists told us. The Senate most recently confirmed Carr last year in conjunction with reupping Democratic Commissioner Geoffrey Starks (see 2310020043). A president's appointment of an FCC chair doesn't face separate Senate evaluation. Carr’s current term expires June 30, 2028, but he can remain on the commission through Jan. 3, 2030, absent Senate confirmation of another nominee.
Free Press co-CEO Craig Aaron criticized Carr for refusing “to stand up when Trump threatened to take away the broadcast licenses of TV stations for daring to fact-check him during the campaign. This alone should be disqualifying.” Public Knowledge CEO Chris Lewis said Carr’s Project 2025 chapter showed he backs “policy changes that both threaten free expression online and changes the understanding of the FCC’s authority.” Fight for the Future Director Evan Greer said Carr is “falsely portraying himself as a free speech champion” but “has made clear he actually wants the FCC to get more involved in policing online speech.”
Diversity Rollback?
The FCC's DEI policies are another target, with Carr noting the commission’s FY 2025 budget request justification “said that promoting DEI was the agency’s second-highest strategic goal.” A member of the FCC’s Communications, Equity and Diversity Council told us he's concerned the diversity advisory committee might not continue under Carr. Then-FCC Chairman Ajit Pai, who led the commission during Trump’s first term, revived the committee in 2018 after a five-year hiatus. CEDC Chair Heather Gate declined to comment.
Congress instructed the FCC in the 1990 Americans with Disabilities Act and the 2021 Infrastructure Investment and Jobs Act “to ensure we truly serve all,” emailed Democratic Commissioner Anna Gomez, who headed the FCC's diversity council before joining the commission. “I will continue to live this mission and advance it as Commissioner.” Starks, Democratic FCC Chairwoman Jessica Rosenworcel and Republican Commissioner Nathan Simington congratulated Carr Monday but avoided comments about his agenda.
Former FCC Commissioner Henry Rivera, a CEDC member, said the group will anxiously seek Carr's direction “as it embarks on the last six months of its current charter.” He noted the commission’s diversity committees have successfully worked with Republican chairs. CEDC’s initiatives impact rural issues and small businesses as well as minority and women's interests, Rivera said: The group also “has virtually no impact on the Commission’s budget.”
Many communications industry entities congratulated Carr by Monday afternoon, including: Comcast, the Competitive Carriers Association, EchoStar, Free State Foundation, Incompas, Lumen, National Lifeline Association, NextNav, NTCA, Rural Wireless Association, USTelecom, Wireless Industry Association and Wireless ISP Association. The Information Technology and Innovation Foundation backs Carr, but also believes he “should be careful to keep the FCC in its lane,” said Broadband and Spectrum Policy Director Joe Kane in a statement. “Expanding the regulatory state to go after ‘big tech’ or other partisan political targets would be out of sync with the new administration's mandate.”