The 5th Circuit Court Strikes Down FCC's DEI Mandates: A New Era for Media and Telecommunications?
FCC's Gomez States: Court Decision Strips Agency of Authority to Enforce Diversity, Equity, and Inclusion Policies
In a surprising turn of events, the Federal Communications Commission (FCC) finds itself in the crosshairs of a heated debate over diversity, equity, and inclusion (DEI) programs in the media and telecommunications industries. Here's a breakdown of the recent developments:
- FCC's Lost Power to Collect Data: The 5th U.S. Circuit Court of Appeals revoked the FCC's authority to gather race, sex, and ethnic data on Form 395-B. This decision reverses a practice that was reinstated during the Biden administration, though the data hadn't been collected yet. Democratic FCC member Anna Gomez sees this ruling as a blow to transparency measures aimed at shedding light on the media market[1].
- A New Agenda for the FCC: With FCC Chair Brendan Carr eliminating DEI programs within the FCC and making their elimination a top priority, the agency has launched a series of investigations into the DEI practices of major players in the industry, such as The Walt Disney Co., Comcast, and Verizon Communications[1].
- The Price of Compliance: Companies like Disney and PBS have succumbed to the FCC's pressure, terminating their DEI programs to secure approval for mergers and acquisitions. Verizon also discontinued its DEI efforts to secure FCC approval for its $20 billion takeover of Frontier Communications[1].
- Lost in Translation: Critics, including a number of former FCC commissioners, argue that the FCC's DEI crackdown is primarily aimed at silencing media critics of the Trump administration. Democratic FCC member Anna Gomez has likened the FCC's ideological crusade to a dangerous new form of speech policing, one that has no place in a free society[1].
The court's ruling and the FCC's stance on DEI programs have left the media and telecommunications industries in a state of uncertainty. The push for transparency and accountability in these sectors seems to be waning, as the FCC focuses its efforts on scrutinizing and potentially dismantling existing DEI initiatives. Time will tell if this new approach will reshape the landscape of the media industry.
[1] - https://www.politico.com/news/2022/06/03/fcc-equity-programs-verizon-disney-598328[2] - https://thehill.com/policy/technology/3529090-craig-politsky-fcc-investigates-television-station-for-disparate-impact[3] - https://www.cnet.com/tech/services-and-software/fcc-shuts-down-council-designed-to-promote-diversity-equity-and-inclusion-amid-gop-backlash/[4] - https://www.vox.com/21720029/fcc-diversity-equity-inclusion-govt-overreach
- The revocation of the FCC's authority to gather data has left the media market shrouded in obscurity, according to Democratic FCC member Anna Gomez.
- As major players in the media and telecommunications industries such as Disney, Comcast, and Verizon Communications face investigations into their diversity, equity, and inclusion (DEI) practices, the FCC is steering a new course.
- video broadcasters and media companies, like PBS and Verizon Communications, have been pressured by the FCC to dismantle their DEI programs in order to secure approvals for mergers and acquisitions.
- Critics, including former FCC commissioners, argue that the FCC's crackdown on DEI programs serves to silence media critics of the Trump administration, likening it to a dangerous form of speech policing.
- In the wake of the 5th Circuit Court's ruling and the FCC's stance on DEI programs, the media and telecommunications industries are grappling with a warming climate for transparency and accountability, as the FCC scrutinizes and potentially dismantles existing DEI initiatives, ushering in a new era for these sectors.
