FCC Plans Crackdown On Companies With DEI Programs.

The Federal Communications Commission is preparing to get tough on companies that are continuing to promote diversity programs, according to conservative activist Robby Starbuck. He met last week with FCC Chair Brendan Carr to discuss ways the FCC can use the agency’s enforcement power to eliminate Diversity, Equity and Inclusion programs.

“Good luck with the FCC if you’re a woke company,” Starbuck wrote in a post on social media. The former music video director-turned-political activist has been an outspoken critic of diversity programs, and he has found support at the FCC.

Carr on Thursday congratulated Starbuck for the success he has had pushing companies to end their diversity programs. “I want to thank Robby for sharing his insights and expertise with me and my team as the FCC works to root out this invidious form of discrimination,” Carr said in a post on social media.

Just what such a crackdown by the FCC will look like remains to be seen. But Carr told Bloomberg in an interview on Friday that he would block acquisition and merger approvals for any company sticking with the DEI effort.

“We can only under the statute move forward and approve a transaction if we find that doing so serves the public interest,” Carr said. “If there’s businesses out there that are still promoting invidious forms of DEI discrimination, I really don’t see a path forward where the FCC could reach the conclusion that approving the transaction is going to be in the public interest.” His advice for any company regulated by the FCC is to “get busy” ending their DEI programs.

Those comments drew fire from Free Press co-CEO Craig Aaron, who said that while there are many good reasons to block a media merger, such as preserving competition, company programs designed to promote diversity, equity and inclusion don’t make that list.

“Carr’s crusade against so-called DEI programs is a blatant attempt to legitimize discrimination against people of color, women, people with disabilities, religious minorities, and LGBTQIA+ people,” Aaron said. “Corporate America needs to stand up against Carr’s bigotry and reject his offensive claims that programs designed to address discrimination are themselves discriminatory.”

Two Companies Under Investigation

Carr has already asked the FCC’s Enforcement Bureau to open an investigation into Comcast and NBCUniversal, saying that their “promotion of DEI” programs could be producing discrimination rather than civil rights advancements. Carr told the companies that it is part of a “broader effort” by the FCC to pressure companies to drop DEI efforts. Verizon also faces similar scrutiny for its DEI programs.

Carr has made no secret of his distaste for diversity, equity and inclusion programs. He ended the FCC’s promotion of DEI in January, saying the effort itself promoted discriminatory policies and runs counter to the stated purpose of the Commission. Carr’s decision was backed up by an executive order signed by President Trump.

Carr has explained that he believes the FCC’s diversity efforts were counter to what is written in the Communications Act, which says the FCC is created to regulate the communications industries “without discrimination on the basis of race, color, religion, national origin or sex.” Carr believes DEI programs have gone against that and “deprived Americans of their rights to fair and equal treatment under the law.” As part of a series of moves, Carr is also terminating the charter of the FCC’s Communications Equity and Diversity Council.

Since Carr has raised the prospect of potential investigations, several radio groups have scrubbed any mention of efforts they are taking from their website. But broadcast attorney Frank Montero, co-Managing Partner at Fletcher, Heald & Hildreth, says radio and TV stations still have some diversity requirements that they will need to comply with since the Commission still has EEO rules on the books requiring broadcasters to engage in detailed and involved recruiting practices and comply with EEO audits.

Montero also points out that during the last license renewal cycle, many broadcast license renewals were held up for months or years due to extended reviews of broadcaster compliance with the FCC’s own EEO rules. “Before the FCC goes after broadcaster DEI programs, they may want to examine their own mandates applicable to broadcasters,” he said.