Interconnected TMT

On March 6, the Federal Communications Commission (FCC) released a tentative agenda for its next Open Meeting, which is scheduled to take place on Thursday, March 27 at 10:30 a.m. ET. The FCC released public drafts of three of the four items expected to be considered at the Open Meeting:

The Federal Communications Commission (FCC), with new FCC Chairman Brendan Carr at the helm, will be holding the agency’s first Open Meeting on Thursday, February 27 from 10:30 a.m. – 12:30 p.m. ET amidst uncertainties related to independent agencies and presidential power as reflected in a recent Executive Order. The FCC has released an agenda for the meeting, which is available here, along with public drafts of the five new items that will be up for consideration by the FCC:

On February 18, 2025, President Trump issued a new Executive Order (EO) titled “Ensuring Accountability for All Agencies,” which attempts to expand presidential authority over heretofore independent regulatory agencies, including the Federal Communications Commission (FCC). Independent agencies are typically delegated authority over a particular subject matter area by Congress via statute. Independent agencies are often delegated jurisdiction over issues, telecommunications being one of them, that are deemed too technical or complex to be effectively regulated by Congress through specific laws. Unlike executive agencies, which are overseen by a single agency head appointed by the President, independent agencies are typically led by a commission or board of multiple members—often with staggered terms and subject to statutory bipartisan membership requirements—who are nominated by the President and subject to Senate confirmation. In the past, this structure—paired with the President’s limited authority to remove members of the board or the FCC for specific reasons—has insulated independent agencies from executive branch control.

President Trump’s Executive Order (EO) titled, “Restoring Freedom of Speech and Ending Federal Censorship” is the administration’s first step to pursue the President’s content moderation goals for broadcast outlets and social media. President Trump has made clear his view that fact-checking by online platforms and broadcasters interferes with free speech. The purpose of this Executive Order is set forth in Section 1:

Ban on Bulk-Billed Broadband in Multi-Tenant Environments (GN Docket No. 17-142): In March 2024, the Federal Communications Commission (FCC) circulated a proposal that would restrict bulk billing arrangements for service providers in multi-tenant environments (MTEs) in order to provide more choice to tenants.

At the FCC. President-elect Donald Trump has announced that he will elevate current senior Republican Commissioner Brendan Carr to the Chairman’s seat. Commissioner Carr has been a dynamic force at the Federal Communications Commission (FCC) for years, and is particularly focused on deregulation, competition, infrastructure development and national security. Commissioner Carr will, of course, change direction from current Chairwoman Jessica Rosenworcel on a number of issues, including net neutrality, digital equity and market competition. His agenda and focus also will be different and could include helping the federal government rationalize spending of all the broadband funding that has been allocated, advancing rules for content moderation online and leveling the playing field for communications providers that offer the same services, but over different platforms. How quickly he can embark on his agenda will depend on how quickly Congress can confirm another Republican commissioner to the FCC. During Chairwoman Rosenworcel’s leadership at the FCC, it took over two and a half years before there were five commissioners seated at the FCC and she had a Democratic majority. Until the additional Republican commissioner is confirmed, the agency will be evenly split, with two Democrats and two Republicans, making it difficult to move ahead with most major reforms. Getting a third Republican commissioner confirmed by a Republican Senate should occur relatively quickly, but the Senate calendar is crowded, and other nominations will likely take priority. Sen. Roger Wicker (R-MS), former Chair of the Senate Commerce Committee, has endorsed his longtime staffer, Olivia Trusty, for the open position. Other names that have been floated include Senate Commerce Committee Policy Director Arielle Roth and former FCC General Counsel Tom Johnson. Additionally, Republican Commissioner Nathan Simington’s term has expired, though he is able to remain in his position until January 3, 2026. This will require either the renomination of Simington or the nomination of another Republican for the seat.

The Federal Communications Commission (FCC) in recent months has stepped up its scrutiny of artificial intelligence (AI) in the communications sector, focusing on AI-generated robocalls and political advertisements.

The 5th Circuit Court of Appeals has ruled the Universal Service Fund (USF) funding mechanism is unconstitutional. The full court, sitting en banc, rejected the framework established by the Federal Communications Commission (FCC) and the Universal Service Administrative Company (USAC) for determining and collecting USF contributions.

To learn more, please find our detailed analysis linked here.