The actions of independent regulatory commissions, including the FCC, are now being reviewed by the White House via OMB's Office of Information and Regulatory Affairs (OIRA) and its procedures. Former OIRA leaders and other observers said in interviews that the new procedures may not result in substantial revisions of rulemakings by agencies answering directly to President Donald Trump, but they could slow adoption and implementation. In February, Trump ordered the commissions to submit proposed regulatory actions to OIRA before they appear in the Federal Register (see 2502180069). That took effect April 21, according to interim OMB guidance last month.

The outlook on what happens next on the Digital Equity Act (DEA) is uncertain after President Donald Trump said his administration won’t fund the program. Congress approved DEA in 2021 as part of a $1 trillion infrastructure package under former President Joe Biden. In a Truth Social post late Thursday, Trump said he's canceling DEA, which industry officials predicted will lead to inevitable legal challenges and months if not years of uncertainty.

A petition by major trade associations asking the FCC for a rulemaking on the commission's enforcement procedures, especially in light of the U.S. Supreme Court’s 2024 Jarkesy decision, raises interesting issues for the agency under Chairman Brendan Carr, industry experts told us. The groups on the petition are CTIA, the Competitive Carriers Association, NCTA, USTelecom and the Wireless Infrastructure Association (see 2505010058). Experts said they’re watching closely what the FCC does next.

Lawyers for the Schools, Health & Libraries Broadband Coalition and the Benton Institute for Broadband & Society said Wednesday that groups defending the USF had a good day last week, as the U.S. Supreme Court heard oral argument in the Consumers' Research case (see 2503260061). They spoke during a SHLB webinar.

The FCC should use a still-open 2017 proceeding to eliminate the national ownership cap, NAB said in a letter to the agency Wednesday. The rule bars any single TV broadcaster from owning stations that, as a group, reach more than 39% of the total number of U.S. TV households. “This outmoded rule prevents broadcasters -- but not any other video service providers -- from competing for audiences and vital advertising revenues across the county,” NAB said.

The 8th U.S. Circuit Court of Appeals judges didn’t appear to greatly favor either side in arguments Wednesday on the FCC’s 2018 quadrennial review order, but broadcast industry officials and attorneys said they saw it as a positive sign that the panel apparently embraced the idea that broadcasting is under threat. Aren’t FCC rules intended to promote viewpoint diversity “short-sighted” if they lead to broadcasters going out of business and no longer offering news? asked Judge Duane Benton of FCC attorney James Carr. “Isn’t AM radio dying?” Benton asked at another point. “I hear they’re not even going to put it in new cars.”

Lawyers for the Schools, Health & Libraries Broadband Coalition and the Benton Institute for Broadband & Society were cautiously optimistic Wednesday that their side would prevail at the U.S. Supreme Court in support of the FCC and the USF contribution factor in FCC v. Consumers’ Research. But they also expect a divided decision. SCOTUS is to consider the case March 26.

The FCC’s “In Re: Delete Delete Delete” proceeding could draw a huge number of response filings and is expected to require numerous subsequent rulemakings to lead to actual changes, said industry officials and academics. “Every single regulated entity will sit on Santa's lap and ask for presents,” said TechFreedom Senior Counsel Jim Dunstan. “It will take months just to sift through all the asks and determine how to proceed.”

A group of more than 50 unions, public interest and consumer groups released a statement last week opposing White House control of independent agencies like the FCC. Meanwhile, major telecom and media trade associations and companies have been mostly quiet concerning the Donald Trump administration's actions to assert control of independent agencies and its dismissal of Democrats serving on federal commissions.

President Donald Trump’s latest norm-busting executive order (see 2502180069) directing the FCC, among other "so-called independent" agencies and executive branch bodies, to submit regulatory actions to the White House before they're published in the Federal Register could complicate Brendan Carr’s push to be an active chairman at the FCC, industry experts said Wednesday.