Interconnected TMT

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:

Targeting Overbuilds and Improving Coordination Among Agencies. Under Commissioner Brendan Carr, expect to see a new approach to broadband funding that is focused on encouraging coordination of broadband funds among agencies and eliminating the government-funded overbuilding of existing networks. Commissioner Carr has noted that although hundreds of billions of infrastructure dollars have been appropriated by Congress and budgeted by agencies in recent years, federal broadband efforts are “fragmented and overlapping, with more than 100 programs administered by 15 agencies,” which he says risks “overbuilding as well as wasteful duplication.” To combat this, Commissioner Carr has voiced support for the adoption of a new strategy designed to facilitate coordination between the various agencies responsible for awarding broadband funds.

Commissioner Brendan Carr has advocated for Enforcement Bureau reform at the Federal Communications Commission (FCC), suggesting that the FCC should “trim its sails” on enforcement to avoid drawing legal challenges to the agency’s constitutionality: “The more we push the boundaries of our own existing enforcement authority, we’re [going to] hasten the day when very significant constitutional challenges to the entire scheme will be brought forward.” Commissioner Carr has accused the Enforcement Bureau under Chairwoman Jessica Rosenworcel’s leadership of “overreach” in several cases, including orders issued against major wireless carriers over certain commercial practices related to the use of customer location data, which imposed nearly $200 million in forfeitures earlier this year. Those forfeitures are currently being challenged in federal court by carriers, who have raised questions about the constitutionality of the FCC’s enforcement framework more generally. Commissioner Carr’s past statements suggest that he will likely be less aggressive on monetary enforcement, at least until the FCC’s jurisdiction is clarified by the courts.

President-elect Donald Trump indicates that he would like to exercise more control over the Federal Communications Commission (FCC) and questions the constitutionality of independent agencies, generally. He has expressed a desire to end the independence of agencies such as the FCC and Federal Trade Commission (FTC). This could be accomplished by making their regulations subject to White House review, perhaps by updating Executive Order 12866 to remove the exemption for independent agencies as suggested in the Project 2025 report.

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.

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