Should broadcast media owners worry about Brendan Carr, Trump's pick to run the FCC?
- Brendan Carr, Trump's pick to run the FCC, says he'll be scrutinizing broadcast TV companies, like CBS and NBC.
- What does that mean? Carr is vague.
- That vagueness may be the point: It could cause broadcast TV companies to think twice before running something Carr, or Trump, doesn't like.
The next Trump administration says it wants to get rid of regulations.
But not all regulations.
Brendan Carr, Trump's choice to head the Federal Communications Commission, says he plans to scrutinize broadcast TV operators to see if they are operating in "the public interest" — a requirement tied to the 1934 Communications Act. If they're not, he says, they could lose their license to use the public airwaves.
What exactly does that mean? Carr isn't super-specific. And Carr, who already is an FCC commissioner, didn't mention the issue when he wrote about the FCC for Project 2025, a conservative planning document Trump allies are using to help staff the next administration. But he has been talking about it quite a bit over the last few weeks.
Shortly after Trump nominated Carr to lead the FCC, Carr announced that the agency would "enforce this public interest obligation." He brought the idea up again in a Fox News interview shortly after. On Friday, he talked about it again, via a CNBC interview.
"Look, the law is very clear. The Communications Act says you have to operate in the public interest," he said. "And if you don't, yes, one of the consequences is potentially losing your license. And of course, that's on the table. I mean, look, broadcast licenses are not sacred cows."
Asked to clarify if he meant he was going to target broadcasters he thought were too liberal, Carr said that wasn't the case, and that he wasn't trying to rein in speech.
"At the end of the day, obviously there's a statutory provision that prevents the FCC from engaging in censorship. I don't want to be the speech police. But there is something that's different about broadcasters than, say, podcasters, where you have to operate in a public interest."
Then Carr argued that all he plans on doing is enforcing existing regulations.
"I'm just saying follow the law. I mean, this law has been on the books for a long time," he said. "It's not my decision to hold broadcasters to a public interest obligation. It's Congress. And if they don't like that, then they should go to Congress to change the law."
(It's worth noting the act applies only to companies with over-the-air broadcast operations, like CBS and NBC. But all four of the big broadcast networks are part of larger media outfits. In the case of CBS and NBC, that's Paramount and Comcast, respectively.)
You can see the whole thing here:
I've asked Carr and his office for comment and clarification about where he thinks broadcasters may have acted against the public interest.
But in the meantime, it's worth noting that he's already argued that CBS deserves scrutiny over the way its "60 Minutes" program handled an interview with Kamala Harris — which is also the center of a lawsuit Trump filed against CBS last month. And that Carr also complained about Harris making an appearance on NBC's "Saturday Night Live" the weekend before the election.
Perhaps Carr has also criticized the way broadcasters have treated Harris or other Democrats. But I haven't seen or heard it.
All of which suggests that Carr may try using the power of his agency to affect the way broadcasters treat Trump and his allies. Even if he says that's not the case.
But none of this is super clear-cut. For instance: Carr has talked about bringing up Trump's "60 Minutes" complaint when Larry and David Ellison, who are trying to buy CBS owner Paramount, need approval to transfer the CBS broadcast license. But it's hard to imagine a Carr-led FCC actually holding up the Paramount deal, given that Larry Ellison is both a Trump supporter and good pals with Elon Musk, a Carr ally.
And it's also worth noting that Carr also has carrots available to help get broadcasters on board, in addition to sticks. Most notably: Lots of media owners are hoping that the next Trump administration will make it easier for them to consolidate, and Carr has repeatedly said he's in favor of that. So this could easily get muddy.
But all of it has the potential to cause media companies to think twice, or a third time, before airing something they think Donald Trump has a problem with. Is that what Brendan Carr wants?