FCC Chairman Brendan Carr’s warning letters to media companies are “a new and coercive technique” for agency action “without needing to follow the niceties of commission votes and judicial review,” and an agency opinion on tech platform liability would likely follow the same pattern, wrote former FCC Chairman Tom Wheeler in a post Tuesday for the Brookings Institution. Rather than aiming at the deregulation often emphasized by conservatives, Carr is increasing the regulatory reach of the FCC “to attack corporate decisions he and [President] Donald Trump do not like,” Wheeler said. “Acting through coercion rather than regulation appears to be a workaround of the limits placed on agency authority by recent Supreme Court decisions sought by conservatives.” Rather than using agency processes to investigate matters and build a record, Carr is “unilaterally reaching a conclusion” and initiating enforcement proceedings, Wheeler said. “While this may be possible under the agency’s procedures, the result is anything but procedural and transparent.”
An FCC advisory opinion on Section 230 of the Communications Decency Act would be “a fool's errand” and should be “DOA,” Commissioner Anna Gomez said Sunday in a thread on X responding to a New York Post report that FCC Chairman Brendan Carr is planning to act on 230 soon. “The FCC should not be in the business of controlling online speech,” Gomez said. “Congress and the courts must quickly step in to stop this unlawful power grab.”
FCC Chairman Brendan Carr announced more staff appointments to a number of agency offices, including the Space Bureau, in a release Tuesday. Jay Schwarz, who previously served as a wireline adviser to former Chairman Ajit Pai, will become the bureau’s second ever chief, replacing Julie Kearney. The release also included the announcement of former acting NTIA head Adam Candeub becoming general counsel, which Carr posted Monday on X (see 2502030063). Adam Jackman, former director-digital communications for the House Select Committee on the Strategic Competition Between the United States and the Chinese Communist Party, will serve as Carr’s director-strategic communications for the Office of Media Relations. Dana Howell, a former information resource manager in the FCC Office of the Managing Director, will serve as executive assistant in Carr's office, the release said. “Additional staff announcements will follow,” it added.
FCC Chairman Brendan Carr names Adam Candeub, ex-Michigan State Law School, general counsel ... Julie Kearney steps down as chief, FCC Space Bureau; Kerry Murray becomes acting chief … Sinclair promotes Linda Greenwald and Matthew Diehlmann to directors of programming, replacing Dave Howitt, retiring March 31.
Law professor Adam Candeub, who was an attorney in the FCC's Media and Common Carrier bureaus as well as acting NTIA head, is returning to the commission as general counsel. Candeub brings with him strong criticisms of Big Tech. In response to a post on X about Candeub not being the GC that Big Tech executives would have preferred, FCC Chairman Brendan Carr replied that the agency "will work to dismantle the censorship cartel and restore free speech rights to everyday Americans." He added: "I look forward to Adam Candeub serving as the FCC's General Counsel. He is going to do great things!"
The Biden administration is making progress on each of the five bands it's studying as part of the national spectrum strategy (see 2311130048), Shiva Goel, NTIA senior adviser-spectrum policy, said during a Center for Strategic and International Studies webinar late Thursday. Other speakers said the government must make available more high-powered licensed spectrum to ensure the nation doesn’t fall behind China and other competitors.