An emergency petition Sunday by the executive branch seeking U.S. Supreme Court intervention to block courts from interfering with the removal of the head of the Office of Special Counsel could have implications for the president’s removal power over FCC commissioners, said Free State Foundation President Randolph May in a blog post Tuesday. Acting Solicitor General Sarah Harris asked SCOTUS to vacate a temporary restraining order barring the removal of Office of Special Counsel leader Hampton Dellinger as “an unprecedented assault on the separation of powers.” Blocking the president from removing presidential appointees under his authority “inflicts the gravest of injuries on the Executive Branch and the separation of powers,” said the emergency petition. In it, Harris restated DOJ's argument (see 2502140047) that tenure protections for members of multimember commissions are unconstitutional. “If this view ultimately prevails in the Supreme Court, a president's authority to remove an FCC commissioner without providing any reason would be assured,” May said. The court could instead rule that Dellinger could be ousted based on language in the statute that allows the head of the Office of Special Counsel to be removed for inefficiency, malfeasance or neglect of duty, he added. Other agencies targeted in a recent letter to Congress from the Solicitor General -- such as the FTC and the National Labor Relations Board -- are based on statutes with similar language, but that language isn’t present in the Communications Act. That could be “determinative” if a president ever tries to remove an FCC commissioner, May said. He included a disclaimer at the end of his post clarifying that he isn't advocating for White House removal of FCC commissioners.

The FCC activated the disaster information reporting system and mandatory disaster response initiative over communications effects from severe flooding in Kentucky, said a public notice Monday. The systems are active for 10 Kentucky counties: Clay, Harlan, Knott, Lee, Leslie, Letcher, Martin, Owsley, Perry and Pike. A DIRS update released Tuesday showed that 0.8% of cellsites and 7,247 cable and wireline subscribers were without service in the affected areas. "With historic flooding across Kentucky, President [Donald] Trump has taken action and this evening the FCC activated our systems to ensure that communications providers support mutual aid + roaming and provide reports on the status of communications networks," FCC Chairman Brendan Carr posted on X Monday night.

President Donald Trump issued an executive order Tuesday afternoon directing the FCC, other “so-called independent” federal agencies and all other executive branch entities to “submit for review all proposed and final significant regulatory actions” to the White House's Office of Information and Regulatory Affairs (OIRA) “before publication in the Federal Register.” Trump said “it shall be the policy of the executive branch to ensure Presidential supervision and control of the entire executive branch.” Then-President Bill Clinton's 1993 order that set up OIRA mostly exempted independent agencies but subjected them to some obligations.

To speed universal connectivity efforts, the White House and Congress should improve transparency and consistency in BEAD decision-making, said Kathryn de Wit, director of Pew Charitable Trusts' broadband access initiative. She wrote last week that making public all past waivers issued to states would help, as would be ensuring that guidance is consistently applied across all states. Issuance of remaining BEAD guidance should be expedited, so states and service providers understand the standards, she said, adding that NTIA should be used to resolve interagency issues that could slow deployment, such as permitting approvals. She called for waivers aimed at lowering permitting requirements and minimizing application requirements for ISPs, such as the letter of credit requirement. Pointing to instances of ISP noncompliance with the rural digital opportunity fund, de Wit urged that NTIA give states power to redeploy funds to other locations.

The U.S. solicitor general’s announcement that DOJ plans to stop defending removal protections for multimember commissions at independent agencies could include the FCC even though the agency wasn’t mentioned in the letter, Free State Foundation President Randolph May wrote in a blog post Friday. In the letter (see 2502130063), acting Solicitor General Sarah Harris said DOJ will ask the Supreme Court to overturn the 1935 ruling in Humphrey's Executor v. FTC that protects independent commissioners from presidential removal. May wrote that the FCC’s structure is “very much like” the agencies named in the letter -- the FTC, National Labor Relations Board and Consumer Product Safety Commission. “If the SG's view of the president's removal power regarding the three identified agencies is correct, it may be difficult to distinguish the FCC,” he said. However, unlike those agencies, the FCC’s governing statute -- the Communications Act -- doesn’t contain a “for-cause” limitation on presidential removal of commissioners, May wrote. The SG’s letter relied heavily on SCOTUS' 2019 Seila Law v. CFPB decision, in which the high court ruled that limiting the ability of the president to remove commissioners only for cause was unconstitutional. The Communications Act’s lack of “for-cause” restrictions “could possibly make all the difference” on whether a future SCOTUS ruling on Humphrey’s Executor allows for easier White House removal of commissioners, May said.

Consumers’ Research, the conservative group that is a self-described opponent of “woke” culture, told the U.S. Supreme Court that the way the FCC assesses payments for the USF is “a historic anomaly at odds with 600 years of Anglo-American practice.” SCOTUS will hear FCC v. Consumers' Research March 26, challenging the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating part of the USF program (see 2501090045), in part because the FCC delegated authority for overseeing the program to the Universal Service Administrative Co.

Acting U.S. Solicitor General Sarah Harris told Senate Judiciary Committee ranking member Dick Durbin, D-Ill., on Wednesday that DOJ plans to stop defending tenure protections that bar a president from firing a commissioner from an independent agency at will, including FTC commissioners. Harris said she plans to ask the U.S. Supreme Court to overturn that precedent, established in its 1935 Humphrey’s Executor v. U.S. ruling, a shift that would also affect the FCC. DOJ “has determined that certain for-cause removal provisions that apply to members of multi-member regulatory commissions are unconstitutional,” Harris said in a letter to Durbin. The high court has held that Humphrey’s Executor “applies only to administrative bodies that do not exercise ‘substantial executive power’” and has explained it “misapprehended the powers of the ‘New Deal-era FTC’ and misclassified those powers as primarily legislative and judicial.” She said the precedent “thus does not fit the principal officers who head” the FTC and two other agencies: the National Labor Relations Board and Consumer Product Safety Commission. The U.S. Chamber of Commerce and other conservative groups asked SCOTUS in July to overturn Humphrey’s Executor in Consumers' Research et al. v. Consumer Product Safety Commission (see 2407290027).

Sen. Ed Markey of Massachusetts said Thursday he led two other Senate Commerce Committee Democrats -- Ben Ray Lujan of New Mexico and Gary Peters of Michigan -- in raising concerns with FCC Chairman Brendan Carr and Republican Commissioner Nathan Simington about recent commission actions they see as “weaponizing its authority over broadcasters and public media for political purposes.”

The American Federation of Government Employees (AFGE) on Wednesday slammed the latest executive order from President Donald Trump's administration aimed at cutting the federal workforce. Trump signed the EO Tuesday that said he would require the heads of federal agencies to make "large-scale [staff] reductions.” The continuing assault has sparked anxiety at the FCC and other agencies critical to the communications industry (see 2502070047). Appearing with Elon Musk, Trump told reporters that Musk's Department of Government Efficiency had uncovered billions of dollars in fraud, but he didn’t offer details.

Three conservative groups on Tuesday urged the U.S. Supreme Court to use its upcoming decision in FCC v. Consumers' Research to provide clarity on when agencies can delegate authority to private companies. SCOTUS will consider the 5th U.S. Circuit Court of Appeals’ 9-7 en banc decision invalidating part of the USF program (see 2501090045), in part because the FCC delegated authority for overseeing the program to the Universal Service Administrative Co. (see 2412100060).