Recently, President-elect Donald Trump confirmed that he has selected Brendan Carr to lead the Federal Communications Commission. Public Knowledge is deeply concerned with this selection which seems to mark a potential departure from the public interest mission of the agency.
The following can be attributed to Chris Lewis, President and CEO at Public Knowledge:
“Commissioner Brendan Carr has a record of positions and unanswered questions that should concern those who champion the public interest in tech and telecommunications policy. As the author of the Project 2025 chapter on the FCC, he has supported policy changes that both threaten free expression online and changes the understanding of the FCC’s authority. The primary focus of the Project 2025 chapter was to target and bring accountability to Big Tech platforms and web services, a sector not currently under the jurisdiction of the FCC. For almost a century, the FCC has been the expert agency on communications networks, mostly dealing with the wires and public airwaves – not online speech. Carr has disparaged the protections that Section 230 provides to websites’ content moderation choices, or their lack of moderation. While there has been much discussion about whether or not the breadth of Section 230 is appropriate, what everyone agrees on is that the authority lies with Congress, not the FCC, to change its scope. It’s concerning that the incoming chair believes that the FCC has the authority to change the scope of the plain language of a statute, but not regulate broadband in the interest of consumers.
“Tech platform accountability is a worthy cause that Public Knowledge has championed, but through legislation and traditional enforcement – not through radical interpretations of authority to reinterpret statutes. While focused on expanding FCC authority to tech platforms, he has opposed asserting authority of the FCC over broadband networks, the essential communications network of the 21st century. This authority is required to ensure all Americans are connected to affordable, reliable, open communications networks. The only reference in Carr’s Project 2025 chapter to addressing the digital divide in broadband affordability, access, and adoption, was again to target Big Tech. No attention was given to the need to restore the millions of dollars consumers have lost in low income support for broadband.
“Carr’s unanswered views on managing broadcast licenses requires strict interrogation and skepticism given President-elect Trump’s wish to remove licenses from broadcasters who scrutinize his policies. Simply put, supporting this threat to freedom of the press should be a disqualifier for the head of an independent agency. Potential support for this level of press censorship, paired with Carr’s opposition to transparency requirements for broadcaster ads using artificial intelligence, points towards a dangerous trend in politics: free speech, but only for those who agree with you politically. The chair of the FCC should support content neutral tools like ad transparency to empower viewers against disinformation, while opposing efforts to shut down journalists who question and fact check. Commissioner Carr must also pledge to preserve the independence of the FCC. Congress designed the FCC as an independent agency precisely because open communications, without fear of punishment or censorship, is the bedrock of democracy.
“Public Knowledge has disagreed on policy with many commissioners in the past, including Chairman Ajit Pai who led the FCC during President-elect Trump’s first term. However, it has not prevented us from encouraging a direction from a new chair that preserved the tradition of independence and consumer protection the FCC is known for. Carr’s positions are of much greater concern, bringing the threat of arbitrariness and political motivations into the deliberations of an independent agency. As we have done, we will find common ground with Carr when possible, but these views of arbitrary agency authority should concern everyone. It is the duty of Congress, and ultimately the voting American public, to conduct careful oversight of the unprecedented direction Commission Carr plans to take the FCC as chair.”
Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at shiva@publicknowledge.org or 405-249-9435.