by Dave Garb, Legislative Committee Chair
In November, President-Elect Donald Trump selected current FCC Commissioner Brendan Carr to become the next chairman of the board.
In addition to telecom issues, Carr outlined plans to reinterpret Section 230, the law that protects internet platforms from liability for their users’ posts. “While there has been much discussion about whether or not the scope of Section 230 is appropriate, what everyone agrees on is that the authority lies with Congress, not the FCC.”
From Washington Policy Center: Based on Carr’s past and current statements, a large change in the direction of the FCC should be expected. Here are a few key possibilities:
On Net Neutrality: Carr was part of the initial repeal of the net neutrality rules in 2017 and has continued to denounce their reinstatement. “As I’ve argued in the past, the FCC would be wise to avoid reinstating these rules as they overstep the scope of the FCC and create worse outcomes compared to areas that have similar regulations in effect.”
On Digital Divide: Carr has criticized the BEAD program and advocated for federal agencies to auction off spectrum bands for 5G to private actors. This will also likely shift FCC priorities to making pathways for rural areas to take advantage of wider-range, cost-effective approaches like Starlink in favor of spending more to connect fiber networks to these areas.
Big Tech: Alphabet (Google) and Meta (Facebook, Instagram, etc.) have come under scrutiny over political content censorship and de-prioritization. Can Carr thread the needle to protect First Amendment expression without breaking the balance that allows platforms to create desirable spaces? We will see.
National Security: Carr’ stated skepticism over TikTok and other Chinese technology indicates that he will be a proponent to continue the TikTok ban policy, despite free speech concerns. This would be at odds with President-elect Trump’s campaign promise, so it’s yet to be seen if this will be strongly pursued or not.
DEI: The FCC’s latest budget request set diversity, equity, inclusion, and accessibility as the second highest priority in regard to digital communication and services. Carr has explicitly stated this will no longer be a priority for the commission. His advocacy for bridging the digital divide indicates that digital accessibility will still be a focus, but is much more likely to be strategically pursued by cost, reach, and need, rather than external factors such as race or “social stigma.”
Current FCC Chairwoman Jessica Rosenworcel congratulated Commissioner Carr by saying:
“I want to congratulate Commissioner Carr on the announcement by the President-elect that he will serve as the Chairman of the Federal Communications Commission. From his time here, I am confident that Commissioner Carr is familiar with the staff, the responsibilities of this new role, and the importance of continued U.S. leadership in communications.”
In another statement, Rosenworcel announces her departure from the FCC: “Serving at the Federal Communications Commission has been the honor of a lifetime, especially my tenure as Chair and as the first woman in history to be confirmed to lead this agency. I want to thank President Biden for entrusting me with the responsibility to guide the FCC during a time when communications technology is a part of every aspect of civic and commercial life. Taking the oath of office on the street outside of the agency during the height of the pandemic, when so much of our day-to-day moved online, made clear how important the work of the FCC is and how essential it is for us to build a digital future that works for everyone. “I am proud to have served at the FCC alongside some of the hardest working and dedicated public servants I have ever known. Together, we accomplished seemingly impossible feats like setting up the largest broadband affordability program in history—which led to us connecting more than 23 million households to high-speed internet, connecting more than 17 million students caught in the homework gap to hotspots and other devices as learning moved online, putting national security and public safety matters with communications front and center before the agency, and launching the first-ever Space Bureau to support United States leadership in the new Space Age.”
Also in November, JAG’s Treasurer & Legislative Committee Vice Chair., Linda Besink, was contacted by the New Jersey Center for Nonprofits. They had an urgent request asking everyone to Oppose H.R. 9495.
H.R. 9495, the Stop Terror-Financing and Tax Penalties on American Hostages Act, would empower the U.S. Treasury Secretary to unilaterally designate 501(c) organizations as “terrorist supporting organizations” and revoke their tax-exempt status with minimal due process. It would allow the Secretary to bring such accusations without disclosing the evidence behind them and would place the burden of proof on the organization to disprove the allegations.
The Legislative Committee became very curious about this Act. First because we never heard of H.R. 9495 until we were contacted, and secondly, because what this actually would mean to 501 (c) organizations. We reached out to our partners at NATOA and the ACM who both said this has nothing really to do with us and is not its purpose.
Mike Wassenaar, President of the Alliance for Community Media (ACM), further elaborated by saying: “I think the issue relates to non-profits involved with protest – particularly pro-Palestinian protests. The only possible issue I can think that would relate to your members would be giving airtime to organizations identified by such legislation. It’s meant to squelch anti-Israeli rhetoric. The most important thing you can do for this or any other type of speech legislation would be to make sure your policies regarding non-partisan speech are updated and if you are running public access channels, to make sure you are communicating your role as a civic communicator devoted to free speech principles. Also, if it passes, I have no doubt it will be challenged by groups such as the ACLU and Independent Sector. If that comes to pass, we would let you know.” On November 21st, by a vote of 219-184, the U.S. House of Representatives passed H.R. 9495. It is now in the hands of the U.S. Senate.
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Legislative Update December 2024: News from Trenton & Washington, DC – Changes in the FCC
Posted: December 21, 2024 by Doug Seidel
by Dave Garb, Legislative Committee Chair
In November, President-Elect Donald Trump selected current FCC Commissioner Brendan Carr to become the next chairman of the board.
In addition to telecom issues, Carr outlined plans to reinterpret Section 230, the law that protects internet platforms from liability for their users’ posts. “While there has been much discussion about whether or not the scope of Section 230 is appropriate, what everyone agrees on is that the authority lies with Congress, not the FCC.”
From Washington Policy Center: Based on Carr’s past and current statements, a large change in the direction of the FCC should be expected. Here are a few key possibilities:
On Net Neutrality: Carr was part of the initial repeal of the net neutrality rules in 2017 and has continued to denounce their reinstatement. “As I’ve argued in the past, the FCC would be wise to avoid reinstating these rules as they overstep the scope of the FCC and create worse outcomes compared to areas that have similar regulations in effect.”
On Digital Divide: Carr has criticized the BEAD program and advocated for federal agencies to auction off spectrum bands for 5G to private actors. This will also likely shift FCC priorities to making pathways for rural areas to take advantage of wider-range, cost-effective approaches like Starlink in favor of spending more to connect fiber networks to these areas.
Big Tech: Alphabet (Google) and Meta (Facebook, Instagram, etc.) have come under scrutiny over political content censorship and de-prioritization. Can Carr thread the needle to protect First Amendment expression without breaking the balance that allows platforms to create desirable spaces? We will see.
National Security: Carr’ stated skepticism over TikTok and other Chinese technology indicates that he will be a proponent to continue the TikTok ban policy, despite free speech concerns. This would be at odds with President-elect Trump’s campaign promise, so it’s yet to be seen if this will be strongly pursued or not.
DEI: The FCC’s latest budget request set diversity, equity, inclusion, and accessibility as the second highest priority in regard to digital communication and services. Carr has explicitly stated this will no longer be a priority for the commission. His advocacy for bridging the digital divide indicates that digital accessibility will still be a focus, but is much more likely to be strategically pursued by cost, reach, and need, rather than external factors such as race or “social stigma.”
Current FCC Chairwoman Jessica Rosenworcel congratulated Commissioner Carr by saying:
“I want to congratulate Commissioner Carr on the announcement by the President-elect that he will serve as the Chairman of the Federal Communications Commission. From his time here, I am confident that Commissioner Carr is familiar with the staff, the responsibilities of this new role, and the importance of continued U.S. leadership in communications.”
In another statement, Rosenworcel announces her departure from the FCC: “Serving at the Federal Communications Commission has been the honor of a lifetime, especially my tenure as Chair and as the first woman in history to be confirmed to lead this agency. I want to thank President Biden for entrusting me with the responsibility to guide the FCC during a time when communications technology is a part of every aspect of civic and commercial life. Taking the oath of office on the street outside of the agency during the height of the pandemic, when so much of our day-to-day moved online, made clear how important the work of the FCC is and how essential it is for us to build a digital future that works for everyone. “I am proud to have served at the FCC alongside some of the hardest working and dedicated public servants I have ever known. Together, we accomplished seemingly impossible feats like setting up the largest broadband affordability program in history—which led to us connecting more than 23 million households to high-speed internet, connecting more than 17 million students caught in the homework gap to hotspots and other devices as learning moved online, putting national security and public safety matters with communications front and center before the agency, and launching the first-ever Space Bureau to support United States leadership in the new Space Age.”
Also in November, JAG’s Treasurer & Legislative Committee Vice Chair., Linda Besink, was contacted by the New Jersey Center for Nonprofits. They had an urgent request asking everyone to Oppose H.R. 9495.
H.R. 9495, the Stop Terror-Financing and Tax Penalties on American Hostages Act, would empower the U.S. Treasury Secretary to unilaterally designate 501(c) organizations as “terrorist supporting organizations” and revoke their tax-exempt status with minimal due process. It would allow the Secretary to bring such accusations without disclosing the evidence behind them and would place the burden of proof on the organization to disprove the allegations.
The Legislative Committee became very curious about this Act. First because we never heard of H.R. 9495 until we were contacted, and secondly, because what this actually would mean to 501 (c) organizations. We reached out to our partners at NATOA and the ACM who both said this has nothing really to do with us and is not its purpose.
Mike Wassenaar, President of the Alliance for Community Media (ACM), further elaborated by saying: “I think the issue relates to non-profits involved with protest – particularly pro-Palestinian protests. The only possible issue I can think that would relate to your members would be giving airtime to organizations identified by such legislation. It’s meant to squelch anti-Israeli rhetoric. The most important thing you can do for this or any other type of speech legislation would be to make sure your policies regarding non-partisan speech are updated and if you are running public access channels, to make sure you are communicating your role as a civic communicator devoted to free speech principles. Also, if it passes, I have no doubt it will be challenged by groups such as the ACLU and Independent Sector. If that comes to pass, we would let you know.” On November 21st, by a vote of 219-184, the U.S. House of Representatives passed H.R. 9495. It is now in the hands of the U.S. Senate.
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Category: Latest JAG News, Legislation/Regulation