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"The only reason" to take the rules off the books now, said one critic, "is to score points with broadband monopolies and their lobbyists, who've fought against essential and popular safeguards for the past two decades straight."
The advocacy group Free Press on Friday blasted U.S. President Donald Trump's Federal Communications Commission chief for an order that rips net neutrality rules off the books, without any time for public comment, following an unfavorable court ruling.
A panel from the U.S. Court of Appeals for the 6th Circuit ruled in January that broadband is an "information service" instead of a "telecommunications service" under federal law, and the FCC did not have the authority to prohibit internet service providers (ISPs) from creating online "fast lanes" and blocking or throttling web content.
Trump-appointed FCC Chair Brendan Carr said in a Friday statement that as part of his "Delete, Delete, Delete" initiative, "we're continuing to clean house at the FCC, working to identify and eliminate rules that no longer serve a purpose, have been on our books for decades, and have no place in the current Code of Federal Regulations."
"Today's action is just the latest step the FCC is taking to follow the Trump administration's effort to usher in prosperity through deregulation," he said of the order that scraps the net neutrality rules. "And it's just one of many, with more on the horizon, so stay tuned."
Responding in a lengthy statement, Free Press vice president of policy and general counsel Matt Wood said that "the FCC's so-called deletion today is little more than political grandstanding. It's true that the rules in question were first stayed by the 6th Circuit and then struck down by that appellate court—in a poorly reasoned opinion. So today's bookkeeping maneuver changes very little in reality."
"What's sad about it is Brendan Carr, as usual, prioritizing political theater and ideological obeisance over actual legal reasoning and policy impacts," Wood continued. "There's no need to delete currently inoperative rules, much less to announce it in a summer Friday order. The only reason to do that is to score points with broadband monopolies and their lobbyists, who've fought against essential and popular safeguards for the past two decades straight."
"It also shows subservience to Elon Musk's incredibly destructive government-by-chainsaw attitude—which seems to have outlived Musk himself in some corners of the Trump administration," he argued, referring to the tech billionaire who initially spearheaded the president's Department of Government Efficiency but has since had a public breakup with Trump.
Wood noted that "the appeals process for this case has not even concluded yet, as Free Press and allies sought and got more time to consider our options at the Supreme Court."
"Today's FCC order doesn't impact either our ability to press the case there or our strategic considerations about whether to do so," he added. "It's little more than a premature housekeeping step, with Brendan Carr deciding to get out ahead of the Supreme Court in ways that someone with so-called regulatory humility might typically avoid."
The fight for net neutrality has been strongly influenced by Trump's time in office. During his first term, the FCC—led by the president's first chair, Ajit Pai—repealed the Obama administration's policies. Under former President Joe Biden, the agency voted to restore the rules, sparking a fresh legal battle with ISPs, which led to the appellate court's decision earlier this year.
"However troubling as this merger might be for competition, at least as troubling is what the companies might agree to in order to persuade the Trump administration and the current FCC to approve the deal."
Charter Communications and Cox Communications on Friday announced a $34.5 billion merger that—if approved by the Trump administration—would create the largest cable television and broadband provider by subscribers in the United States, sparking a flurry of monopoly concerns.
Charter, which uses the branding Spectrum, is already the second-largest publicly traded cable company, but coupling with the privately held Cox would push it ahead of the current industry leader, Comcast. According to a statement from the cable giants, the combined company would be known as Cox Communications, with Spectrum as the consumer-facing brand.
"The last thing American consumers need is yet another megamerger, as giant internet service providers and cable companies claim they need to get yet-larger to keep up with their industry peers," said John Bergmayer, legal director at the watchdog Public Knowledge, in a Friday statement.
"More consolidation won't fix the cable industry, and introducing new sets of competitive problems is no way to address existing ones," he continued. "As always with cable mergers, the question is as much a loss of opportunities for content creators and programmers to reach an audience, as the loss of choices to subscribers."
As NBC News—whose parent company is Comcast—reported:
On a Friday call with investors, Charter CEO Chris Winfrey called the deal "good for America" and said it will "return jobs from overseas and create new, good-paying customer service and sales careers."
The commentary comes as corporate deal activity has been slower than expected since President Donald Trump took office.
After Trump won the election, Wall Street rallied as many expected the regulatory environment to loosen and the floodgates to open for dealmakers and corporate leaders. But in the months following the election, companies have been contending with other factors rather than dealmaking, such as the Federal Communications Commission's investigation into diversity, equity, and inclusion practices, and the outcome of Trump's tariffs.
The Charter-Cox deal could face scrutiny from the U.S. Department of Justice and the Federal Communications Commission, led by Trump appointee Brendan Carr. Journalist George Chidi said on social media that "in a sane world, the Department of Justice's Antitrust Division and the FCC would block the merger of Cox Communications and Charter."
"Do I need to even complete this thought?" Chidi asked. "For the next three years and six months—assuming we are still having actual elections, it's corporate Christmas."
Public Knowledge's Bergmayer said that "however troubling as this merger might be for competition, at least as troubling is what the companies might agree to in order to persuade the Trump administration and the current FCC to approve the deal."
Trump has a long record of forcefully going after his critics, and experts—including Daniel Stockemer, a professor at Canada's University of Ottawa, in a commentary published earlier this month in the journal Politics & Policy—have warned that with his second term, the president is pushing the United States toward autocracy.
"Will the companies drop cable channels critical of this administration, or agree to censor online content or sites that the administration disapproves of—something the loss of Title II and net neutrality makes all the more likely?" Bergmayer wondered. "Given FCC Chairman Carr's proven willingness to use the agency's power to 'further the president's agenda,' and the willingness of companies to agree to get deals done, what could once be dismissed as paranoid speculation becomes frighteningly plausible."
"From walking back—even reversing—company policies designed to promote diversity and inclusion, to pulling back on news coverage critical of the administration, far too many companies have already put the short-term interest of currying favor with the White House over the public interest, and over the interests of their employees and the communities they serve," he added. "Hopefully that does not happen here."
Emarketer analyst Ross Benes told Reuters that "antitrust concerns are legitimate. But in this era of deregulation, the merger would probably pass as long as they don't upset the president."
"The FCC chair is clearly undertaking an effort to bully and intimidate independent journalism, which is a hallmark of authoritarian regimes where democracy is under siege," said one critic.
U.S. press freedom advocates this week forcefully condemned Republican Federal Communications Commission Chair Brendan Carr's investigation into National Public Radio and Public Broadcasting Service that could lead to stripping them of government funding.
"If they weren't ringing already, alarm bells should be going off loudly," said Tim Richardson, program director for journalism and disinformation at PEN America, in a Thursday statement. "By using its investigatory powers, the FCC chair is clearly undertaking an effort to bully and intimidate independent journalism, which is a hallmark of authoritarian regimes where democracy is under siege."
"The Trump administration is clearly embracing such tactics and putting independent media at risk by undermining accountability of elected leaders and risking a less informed public," Richardson added. "We call on the FCC to dispense with such politically motivated investigations."
Jenna Leventoff, senior policy counsel at the ACLU, was similarly critical, saying that "the commission should not bring frivolous investigations into media outlets simply because they do not like their coverage. Investigations like this can chill coverage and threaten the independence of the press, making it harder to hold the government accountable and keep us all informed."
I told @nytimes.com that Carr's claim that NPR and PBS broke sponsorship disclosure rules is an obvious pretext to attack their funding and independence. Carr was appointed to do Trump's censorial bidding. All his moves should be viewed through that lens.This “investigation” is a sham and meant to terrorize NPR and PBS. They have *rigorous* oversight on vetting the “this program brought to you by” statements and literally pages of documentation about it that they give to filmmakers like me. Support your local stations, they’re going to need it.
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— Ariel Waldman (@arielwaldman.com) January 30, 2025 at 2:39 PM
Free Press co-CEO Craig Aaron declared that "his seat as FCC chairman is barely warm, but Brendan Carr is already abusing his power and harassing public broadcasters with a sham investigation designed to scare journalists into silence. This is all part of Carr's far-right, Project 2025-inspired agenda."
"This bogus investigation is an attack on the freedom of the press and a bungling attempt to bash public broadcasters and further weaken their resolve to question the extremism, corruption, and cruelty of the Trump administration," Aaron warned. "This unjustified investigation isn't based on any genuine concern about whether there's too much advertising on public media. It's a blatant attempt to undermine independent, rigorous reporting on the Trump administration."
"Carr may not like public media—and that's no surprise given that he isn't a fan of journalism that holds public officials and billionaires accountable. In this, as in so many other areas under his purview, Chairman Carr is far out of step with the American public and their needs," he continued. "Communities all across the country rely on their local public radio and TV stations to provide trustworthy news reporting and a diversity of opinions. In every survey, the American public indicates it wants more support for public and community media, not less."
Aaron added that "in a healthy democracy, we would be investing enough in our public-media system that it wouldn't need to seek any corporate underwriting. Unfortunately, Carr's cronies in Congress and the Big Media barons they serve have instead for decades tried to zero out funding for public media. They have repeatedly failed because millions of viewers and listeners opposed them."
Carr—whom President Donald Trump first appointed to the FCC in 2017 and recently elevated to chair after he contributed to the Heritage Foundation-led Project 2025—announced the probe in a Wednesday letter to NPR president and CEO Katherine Maher and PBS president and CEO Paula Kerger.
"I am concerned that NPR and PBS broadcasts could be violating federal law by airing commercials," Carr wrote. "I have asked the FCC's Enforcement Bureau, with assistance from the FCC's Media Bureau, to initiate an investigation into the underwriting announcements and related policies of NPR, PBS, and their broadcast member stations."
The chair added:
I will be providing a copy of this letter to relevant members of Congress because I believe this FCC investigation may prove relevant to an ongoing legislative debate. In particular, Congress is actively considering whether to stop requiring taxpayers to subsidize NPR and PBS programming. For my own part, I do not see a reason why Congress should continue sending taxpayer dollars to NPR and PBS given the changes in the media marketplace since the passage of the Public Broadcasting Act of 1967.
To the extent that these taxpayer dollars are being used to support a for-profit endeavor or an entity that is airing commercial advertisements, then that would further undermine any case for continuing to fund NPR and PBS with taxpayer dollars.
Some federal lawmakers have already responded on social media. Sen. Ed Markey (D-Mass.) said that "the letter from Chairman Carr announcing a new FCC investigation into NPR and PBS member stations is baseless. He cites no evidence at all. Instead, this investigation is a dangerous attack on public media and local journalism."
Rep. Doris Matsui (D-Calif.) said that "public television and radio are essential for their local communities. The FCC must not be weaponized to intimidate and silence broadcast media. We should be supporting, not undermining, their contributions to journalism and the marketplace of ideas."
I told @nytimes.com that Carr's claim that NPR and PBS broke sponsorship disclosure rules is an obvious pretext to attack their funding and independence. Carr was appointed to do Trump's censorial bidding. All his moves should be viewed through that lens. www.nytimes.com/2025/01/30/b...
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— Seth Stern (@seth-stern.bsky.social) January 30, 2025 at 5:27 PM
The two Democratic members of the FCC have also responded critically to Carr's move. Commissioner Anna Gomez said that "this appears to be yet another administration effort to weaponize the power of the FCC. The FCC has no business intimidating and silencing broadcast media."
Commissioner Geoffrey Starks said that "public television and radio stations play a significant role in our media ecosystem.
Any attempt to intimidate these local media outlets is a threat to the free flow of information and the marketplace of ideas. The announcement of this investigation gives me serious concern."
Maher said in statement that "NPR programming and underwriting messaging complies with federal regulations, including the FCC guidelines on underwriting messages for noncommercial educational broadcasters, and member stations are expected to be in compliance as well."
"We are confident any review of our programming and underwriting practices will confirm NPR's adherence to these rules," she added. "We have worked for decades with the FCC in support of noncommercial educational broadcasters who provide essential information, educational programming, and emergency alerts to local communities across the United States."
In a statement to NPR media correspondent David Folkenflik, who reported on the probe, Kerger said that "PBS is proud of the noncommercial educational programming we provide to all Americans through our member stations... We work diligently to comply with the FCC's underwriting regulations and welcome the opportunity to demonstrate that to the commission."