Are the FCC's DEI probes an abuse of power? These Democrats think so

Congressional Democrats are accusing Federal Communications Commission Chair Brendan Carr of leveraging merger reviews and broadcast licensing decisions to push companies to scrap diversity initiatives, raising alarms about political pressure inside a powerful independent regulator.

"The FCC holds significant authority over the communications marketplace," the 18 lawmakers wrote in a letter provided exclusively to USA TODAY. "Congress granted this authority to ensure communications services serve the public interest...not to influence the internal governance decisions of private companies."

The dispute reflects a broader escalation in the fight over corporate diversity programs, with Carr emerging as one of the most aggressive regulators testing whether federal agencies can influence internal business policies through routine approvals and oversight.

Democrats warn that the approach could set a precedent for using regulatory power to shape corporate behavior far beyond the communications sector, as Carr and allies argue DEI initiatives may violate federal law.

Virginia Rep. Jennifer McClellan and Illinois Rep. Jonathan Jackson, the son of the late civil rights leader Rev. Jesse Jackson, said Carr's public statements and recent reports "raise concerns that companies seeking FCC approval may feel pressure to modify internal corporate policies to avoid regulatory obstacles or delays."

USA TODAY reached out to the FCC for comment.

Democratic lawmakers challenge FCC probes

Carr has threatened to block mergers and other deals unless companies drop their DEI initiatives. More recently, he has begun to use the FCC's early license renewal powers as a tool to enforce these standards.

The FCC has demanded an early review of ABC's licenses in key markets such as Los Angeles and New York years ahead of schedule. Carr said the early renewal stemmed from his agency's yearlong probe of parent company Disney’s DEI efforts.

The timing of the order troubled Democrats who have leveled charges of "speech policing" against media organizations critical of the Trump administration. It came one day after President Donald Trump and first lady Melania Trump demanded the network fire Jimmy Kimmel for describing Melania Trump as an "expectant widow."

A dozen Senate Democrats, including Minority Leader Chuck Schumer, demanded that Carr rescind the order, but he has not backed down.

"If the evidence does in fact play out and shows that they were engaged in race- and gender-based discrimination, that’s a very serious issue at the FCC that could fundamentally go to their character qualifications to even hold a license," Carr recently said on Fox News. 

And that’s what Democratic lawmakers say they are taking issue with. 

Their letter lists a series of questions, requesting that Carr respond by June 2, including how the FCC defines an "invidious form" of DEI and under what statutory authority the commission makes that determination. 

Lawmakers also requested all communications, memos, guidance, or policy documents issued that instruct staff on how to evaluate corporate governance or internal policies when reviewing merger applications or license transfer requests, as well as communications between leadership or staff with representatives of companies with business before the FCC.

In addition, they want a list of every instance in which the FCC considered internal company policies, such as DEI programs, when evaluating applications for license renewals or other business before the FCC. 

Vocal critic inside the FCC

The letter marks the latest Democratic outcry over Carr's stewardship of the FCC and his scrutiny of diversity programs ‒ part of the Trump administration's broader DEI crackdown. T-Mobile and Verizon are among the companies that have rolled back programs while seeking federal approval for multibillion-dollar deals. 

Corporations have become more cautious since Trump swept into office on campaign promises to restore fairness in the workplace by bulldozing "woke" DEI policies he claims harm men and White Americans. Fearing investigations and the loss of government contracts, dozens of the nation's largest companies, from McDonald's to Facebook owner Meta, modified or scrapped diversity programs to stay off the administration's radar.

Pressure to align with the president’s agenda has only increased in recent months as the administration launches probes and recruits whistleblowers. 

The FCC's investigations of DEI programs have a vocal critic inside the commission. In a May 11 letter to Disney CEO Josh D’Amaro, FCC Commissioner Anna Gomez called the early renewal request "the most egregious assault on the First Amendment this FCC has taken to date."

"The FCC’s attempt to usurp control over internal corporate decision-making through its limited authority requires reaching for legal power that the statute, agency rules and the applicable case law simply do not provide," Gomez, the sole Democrat on the commission, wrote. "Courts have repeatedly and decisively determined that actions such as the FCC’s current investigation are unconstitutional."