Trump’s order poses a challenge to independence of FCC and other agencies

nder former President Bill Clinton, agreed that the order would mark a departure from the agency’s nearly 100-year history.
“For 90 years, the governmental idea was that the president should not be regulating the media,” Hundt told VOA.
Harold Furchtgott-Roth, a Republican who served as an FCC commissioner under Clinton, told VOA that the order “would have a major effect on rulemaking” at the FCC. He added that other areas, like enforcement, might not be affected.
Democratic FCC Commissioner Anna Gomez told VOA that she was concerned by the order.
“Our informed decision-making is meant to be consistent with our technical expertise, not subject to political pressure,” Gomez told VOA in an emailed statement.
Gomez added that Congress already provides oversight over the FCC. “Efforts to expand executive influence on the FCC will only further diminish our standing as a stable, independent and expert-driven regulatory body,” said Gomez, who has served as a commissioner since 2023.
Trump-appointed FCC Chairman Brendan Carr, as well as Commissioners Geoffrey Starks and Nathan Simington, did not immediately reply to VOA’s emails requesting comment on the order. Carr and Simington are Republicans, Starks is a Democrat.
Kim Zarkin, a professor of communication at Westminster University in Utah who has researched the FCC for three decades, said she thought it was important for the FCC and other independent agencies to remain as nonpolitical as possible.
Even though commissioners at agencies such as the FCC are nominated by the president, “there was always this expectation that these were meant to be nonpolitical,” Zarkin told VOA. “They were meant to bring in expertise.”
Zarkin, who has written two books on the FCC, said time will tell whether the order has any material impact on how the FCC and other agencies operate.
Trump’s executive order comes amid concerns that the FCC is being weaponized to intimidate broadcasters through investigations, according to Democratic FCC commissioners and media law experts.
The FCC is currently investigating broadcasters, including NPR, PBS, CBS, and NBC.
The FCC is investigating whether NPR and PBS member stations violated FCC rules on airing commercial ads. Both broadcasters deny wrongdoing.
The CBS inquiry pertains to whether the broadcaster doctored an October “60 Minutes” interview with former Vice President Kamala Harris. That interview is also at the center of a $10 billion lawsuit from Trump.
CBS denied wrongdoing when Trump filed the lawsuit. Earlier this month, CBS published the interview’s unedited transcripts, which showed “60 Minutes” and “Face the Nation” used slightly different parts of the same answer from Harris, which is common journalistic practice.
The NBC investigation is into the company’s diversity, equity, and inclusion practices.
Democratic FCC commissioners and media law experts have expressed concern about the investigations.
President Donald Trump signed an executive order this week aimed at expanding the White House’s control over various independent regulatory agencies, including the U.S. Federal Communications Commission (FCC). The order, signed on Tuesday, mandates that independent agencies submit proposed regulations to the White House for review. Agencies are also required to consult with the White House on their policies, priorities, and strategic plans.

The executive order, titled “Ensuring Accountability for All Agencies,” is anticipated to face legal challenges due to concerns about the increased control the White House seeks over independent agencies established by Congress. This move is part of President Trump’s efforts to consolidate power within the executive branch, a process that has included the removal of several inspectors general providing oversight at various government agencies.

Independent agencies like the FCC, the Federal Trade Commission, and the Securities and Exchange Commission would be affected by this order. Even though the FCC does not directly regulate major news networks, it does oversee broadcasting stations across the U.S. that hold FCC licenses.

Former FCC chairs have expressed concerns about this order, noting that it would fundamentally alter the agency’s long-standing independence. Tom Wheeler, who led the FCC under President Barack Obama, remarked that the order would transform an independent agency into one akin to an executive branch entity. Reed Hundt, who chaired the FCC during President Bill Clinton’s term, emphasized that the agency’s historical separation from presidential regulation is being challenged by this order.

Harold Furchtgott-Roth, a Republican FCC commissioner during President Clinton’s tenure, highlighted the potential impact of the order on rulemaking at the FCC, suggesting that while rulemaking could be affected, enforcement might not undergo significant changes. Democratic FCC Commissioner Anna Gomez expressed reservations about the order, emphasizing that the FCC’s decision-making process is designed to be informed by technical expertise, free from political pressures.

Kim Zarkin, a communication professor with extensive FCC research experience, underscored the importance of maintaining nonpolitical independence in agencies like the FCC. Despite commissioners being appointed by the president, Zarkin noted the historical expectation for these agencies to operate apolitically based on their expertise-driven approach. How this order will impact operations remains to be seen, with concerns raised