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FCC chair’s letters on DEI practices in merger reviews draw sustained questioning from lawmakers
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Summary
Chairman Brendan Carr told the committee he has pressed broadcast and telecom companies on nondiscrimination and said the FCC can condition approvals on commitments; members questioned whether the agency had an adequate factual basis before alleging "invidious discrimination" or conditioning approvals.
WASHINGTON — Federal Communications Commission Chairman Brendan Carr told the House Appropriations subcommittee he has used existing nondiscrimination and EEO rules in dealing with broadcast and telecom companies’ diversity, equity and inclusion (DEI) practices, prompting multiple members to press why the agency raised those concerns and whether it had a factual basis to do so.
Carr described sending letters to companies, including Verizon and Comcast, raising concerns about policies he characterized as potentially discriminatory and citing agency EEO and nondiscrimination obligations. "What we're focused on is intentional discrimination based on race and gender or protected characteristics," Carr said.
Members pressed the chairman on timing and process: Representative Hoyer asked what the factual basis was for the Verizon letter and why a bureau‑level approval followed soon after Verizon provided written commitments; Representative Ivy and others pressed whether the FCC had reviewed complaints, court filings or EEOC records before issuing public letters alleging "invidious discrimination." Carr said the letter to Verizon referenced available materials, including whistleblower documents, and emphasized the FCC enforces nondiscrimination through its statutory and rulemaking authorities.
Process and precedent: Carr noted previous FCC merger reviews have included conditions related to employment and EEO obligations under past Democratic and Republican commissions. He rebutted suggestions that the FCC was imposing a new constitutional pleading standard in agency transactional oversight, saying the agency follows its own statutory and regulatory processes.
What lawmakers want next: Several members asked for documentation showing the FCC's factual basis and internal review that led to public letters and conditions. Carr said he would work with staff to provide relevant information, and members indicated they may submit follow‑up questions for the record.
Why it matters: The debate touched a procedural constitutional fault line — whether an agency's use of nondiscrimination standards in commercial approvals must rely on the same detailed factual showings that courts require for a private civil rights claim — and on how aggressively the FCC may use licensing and transaction reviews to address corporate DEI practices.
Ending: The committee requested documents and additional details; Carr said he would provide staff with what he could and that the FCC will continue enforcing nondiscrimination rules while using standard FCC processes in transaction reviews.
