5 things to know about Trump’s FCC pick

President-elect Trump has tapped Brendan Carr to be the next chair of the Federal Communications Commission (FCC), teeing the agency up for a likely clash with Big Tech and media companies he has accused of “censoring” conservative views.

The FCC is an independent agency regulating TV and radio broadcasters, telephone and internet service providers and satellites.

Carr, an FCC commissioner since 2017, could try to usher in drastic change to the agency when it comes to tech and broadcast companies’ freedoms, experts said.

Here’s what to know about Carr.

More than a decade of FCC experience

Carr’s journey at the FCC began more than 10 years ago in 2012 as a staffer. He served as a legal adviser for former FCC Chair Ajit Pai, a Republican, for three years until 2017, when he became the agency’s general counsel.

Trump appointed Carr to be a commissioner in 2017, and he was nominated again by President Biden to a term running through 2029. The FCC can have no more than three members of one political party under federal law.

Carr gained an online following in recent years, using social media to voice his concerns with the Biden administration’s policies and discuss alternative proposals to pursue under a Republican administration.

Trump on Sunday said Carr has “fought against the regulatory Lawfare that has stifled Americans’ Freedoms and held back our Economy.”

“He will end the regulatory onslaught that has been crippling America’s Job Creators and Innovators, and ensure that the FCC delivers for rural America,” he added.

The commissioner worked closely with Pai during the former chair’s push to roll back net neutrality rules, which forced principal internet service providers to treat all information that travels through their networks equally.

The rules, first approved in 2015, were repealed under Pai’s leadership in 2017. The commission voted earlier this year to restore the rules under the leadership of Democratic FCC Chair Jessica Rosenworcel.

Should Rosenworcel step down, as is customary when a president of the opposite party takes over, Trump will appoint another commissioner, paving the way for a Republican majority and the potential cutback of net neutrality rules again.

Rosenworcel congratulated Carr in a statement on Monday.

“From his time here, I am confident that Commissioner Carr is familiar with the staff, the responsibilities of this new role, and the importance of continued U.S. leadership in communications,” she wrote.

Critic of Big Tech, broadcast networks

An outspoken critic of leading social media companies, Carr is expected to attempt to rein in Big Tech’s power, especially if Section 230 immunity provisions are rolled back by Congress.

He laid out his priorities shortly after Trump’s victory, writing in a statement, “When the transition is complete, the FCC will have an important role to play reining in Big Tech, ensuring that broadcasters operate in the public interest, and unleashing economic growth while advancing our national security interests and supporting law enforcement.”

Carr also said last week that the “censorship cartel must be dismantled,” calling out major tech companies for allegedly playing a “central role” in suppressing certain viewpoints.

Trump has touted this approach, calling Carr a “warrior” of free speech on Sunday.

Michael Lazarus, a managing member of Telecommunications Law Professionals, which advises clients on matters before the FCC, predicted reining in Big Tech companies will be a high priority for Carr.

“He has been very vocal in making sure that they’re going to be restrained in some fashion, to make sure that things are equal, from a conservative or liberal perspective, that there are transparency rules on Big Tech,” Lazarus said.

Carr has suggested a similar crackdown on TV networks for alleged preferential treatment.

Earlier this month, when Vice President Harris appeared on the final “Saturday Night Live” episode ahead of the election, he claimed NBC was attempting to “evade” the FCC’s “equal time rule,” which lets rival candidates ask for equal airtime. NBC later aired a short message from Trump to provide equal time to the now-president-elect. 

Any attention to broadcast networks by Carr will likely be seen as a continuation of criticism by Trump, who has called on the FCC to revoke CBS’s and ABC’s broadcast licenses, arguing the networks are not fair to him.

Comcast, which Trump has threatened to crack down on, said it “welcomes” Carr’s leadership, stating he has a “successful track record.”

Wrote the FCC section of Project 2025

Carr came under scrutiny from Democrats last summer for writing a section about the FCC’s agenda in Project 2025, the conservative Heritage Foundation’s policy blueprint for a second Trump administration.

The president-elect has attempted to distance himself from the project, though Democrats have repeatedly targeted his ties to its authors.

Carr’s section advocated for the overturning of Section 230, a provision of federal law that protects websites and social media companies from being held liable for content posted by users.

FCC should issue an order eliminating the “expansive, non-textual immunities” social media companies enjoy under Section 230, Carr wrote.

“Courts have construed Section 230 broadly to confer on some of the world’s largest companies a sweeping immunity that is found nowhere in the text of the statute,” he wrote.

“They have done so in a way that nullifies the limits Congress placed on the types of actions that Internet companies can take while continuing to benefit from Section 230.”

Amendments to Section 230 have been floated for years. A petition by the National Telecommunications and Information Administration was filed in July 2020 shortly before President Biden’s win to clarify Section 230 provisions but remains pending before the FCC.

“I think that the first step for him would be looking at that petition and that petition was into the FCC’s role with Section 230. It’s never been interpreted to be within FCC purview but a number of experts in this space who are real lawyers … have said that there’s a case here,” Nathan Leamer, CEO of Fixed Gear Strategies and a former aide to Pai, told The Hill.

An Elon Musk ally

Carr is one of tech billionaire Elon Musk’s most visible allies and has advocated for federal awards for SpaceX’s satellite service Starlink.

In an op-ed for The Wall Street Journal last month, Carr ripped the FCC’s revocation of a $885 million award to Starlink for high-speed internet to rural homes and businesses.

“In my view, it amounted to nothing more than regulatory lawfare against one of the left’s top targets: Mr. Musk,” he wrote. “There is time to change course. It isn’t too late to get rid of the program’s DEI requirements, price controls, technology biases and preferences for government-run networks. “

Musk, who is now one of Trump’s fiercest allies and the president-elect’s choice to lead a government efficiency panel, could stand to gain from Carr’s leadership.

“I think you’ll see him be much more favorable to satellite and new technologies when it comes to pushing broadband adoption and broadband deployment in the United States,” Lazarus said.

Legal industry questions his plans

Some legal experts expressed concerns that Carr’s proposals may not be realistic or fall under the FCC’s authority and will require congressional approval.

“I do think you’ll see Carr look closely in terms of whether or not there are violations by broadcasters, whether or not they’re not operating in the public interest,” Lazarus said.

“But when it comes to these sorts of more over-the-top ideas, like looking into whether or not their licenses should be taken away or stuff like that, I think that’s quite a bit overblown and I don’t think we’ll see anything of that nature,” he continued.

Blair Levin, a former chief of staff for the FCC and policy adviser for the New Street investment research firm, poured cold water on Carr’s potential authority over Big Tech companies.

“Suddenly [the FCC] has authority to regulate tech,” he said. “I think that’s inconsistent with the law. It is also certainly inconsistent with Supreme Court jurisprudence in recent years that certain decisions have to be decided by Congress.”

Updated at 3:44 p.m.

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