Trump and Carr Team to Curb Diversity, Equity, and Inclusion at the FCC
Friday, January 24, 2025
Weekly Digest
Trump and Carr Team to Curb Diversity, Equity, and Inclusion at the FCC
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Round-Up for the Week of January 20-24, 2025

President Donald Trump was sworn in for his second term on Monday, January 20, and soon began fulfilling a number of campaign promises by signing a number of Executive Orders at Washington's Capital One Arena in front of thousands of supporters—a first in the nation's history—and later at the White House. Understanding the full impact of these executive actions will take some time; we start with an examination of the Executive Order on Ending Radical and Wasteful Government DEI Programs and Preferencing and how it is being implemented at the Federal Communications Commission.
Trump v. Biden
On his first day in office, January 20, 2021, President Joe Biden signed the Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government, in which Biden made it the policy of his administration to pursue a comprehensive approach to advancing equity for all, including people of color and others who have been historically underserved, marginalized, and adversely affected by persistent poverty and inequality.
Affirmatively advancing equity, civil rights, racial justice, and equal opportunity is the responsibility of the whole of our Government. Because advancing equity requires a systematic approach to embedding fairness in decision-making processes, executive departments and agencies (agencies) must recognize and work to redress inequities in their policies and programs that serve as barriers to equal opportunity.—President Biden
Biden's Executive Order called on the federal government to allocate resources to address the historic failure to invest sufficiently, justly, and equally in underserved communities, as well as individuals from those communities.
- The Office of Management and Budget (OMB) was charged with identifying opportunities to promote equity in the budget that the President submits to Congress, as well as studying strategies for allocating federal resources in a manner that increases investment in underserved communities, as well as individuals from those communities.
- Federal agencies, in consultation with members of communities that have been historically underrepresented in the federal government, had to select certain programs and policies for a review to assess whether underserved communities and their members face systemic barriers in accessing benefits and opportunities available pursuant to those policies and programs, including:
- Potential barriers that underserved communities and individuals may face to enrollment in and access to benefits and services in federal programs;
- Potential barriers that underserved communities and individuals may face in taking advantage of agency procurement and contracting opportunities;
- Whether new policies, regulations, or guidance documents may be necessary to advance equity in agency actions and programs; and
- The operational status and level of institutional resources available to offices or divisions within the agency that are responsible for advancing civil rights or whose mandates specifically include serving underrepresented or disadvantaged communities.
On January 20, 2025, President Trump explicitly revoked Biden's Executive Order on Advancing Racial Equity and Support for Underserved Communities Through the Federal Government. Moreover, in the Executive Order on Ending Radical and Wasteful Government DEI Programs and Preferencing, President Trump points to the Equity Action Plans agencies created in response to the Biden Executive Order as detailing "the ways that they have furthered [diversity, equity, and inclusion (DEI)] infiltration of the Federal Government." President Trump deemed the release of these plans an "immense public waste and shameful discrimination."
Americans deserve a government committed to serving every person with equal dignity and respect, and to expending precious taxpayer resources only on making America great.—President Trump
President Trump has now ordered the OMB, the Attorney General, and the Director of the Office of Personnel Management (OPM) to terminate all DEI and diversity, equity, inclusion, and accessibility (DEIA) programs, mandates, policies, programs, preferences, and activities in the Federal Government "under whatever name they appear." By March 21, all agencies must:
- terminate, to the maximum extent allowed by law, all DEI, DEIA, and “environmental justice” offices and positions (including but not limited to “Chief Diversity Officer” positions); all “equity action plans,” “equity” actions, initiatives, or programs, “equity-related” grants or contracts; and all DEI or DEIA performance requirements for employees, contractors, or grantees.
- provide OMB with a list of all:
- agency or department DEI, DEIA, or “environmental justice” positions, committees, programs, services, activities, budgets, and expenditures in existence on November 4, 2024, and an assessment of whether these positions, committees, programs, services, activities, budgets, and expenditures have been misleadingly relabeled in an attempt to preserve their pre-November 4, 2024 function;
- Federal contractors who have provided DEI training or DEI training materials to agency or department employees; and
- Federal grantees who received Federal funding to provide or advance DEI, DEIA, or “environmental justice” programs, services, or activities since January 20, 2021.
- assess the operational impact (e.g., the number of new DEI hires) and cost of the prior administration’s DEI, DEIA, and “environmental justice” programs and policies; and
- recommend actions to align agency or department programs, activities, policies, regulations, guidance, employment practices, enforcement activities, contracts (including set-asides), grants, consent orders, and litigating positions with the policy of equal dignity and respect identified in this order—and ensure that the deputy agency or department head has the authority and resources needed to carry out this directive.
Moving forward, the Assistant to the President for Domestic Policy shall convene a monthly meeting attended by the Director of OMB, the Director of OPM, and each deputy agency or department head to:
- hear reports on the prevalence and the economic and social costs of DEI, DEIA, and “environmental justice” in agency or department programs, activities, policies, regulations, guidance, employment practices, enforcement activities, contracts (including set-asides), grants, consent orders, and litigating positions;
- discuss any barriers to measures to comply with this order; and
- monitor and track agency and department progress and identify potential areas for additional Presidential or legislative action to advance the policy of equal dignity and respect.
These meetings are meant to inform and advise President Trump so he may formulate appropriate and effective civil-rights policies for the Executive Branch.
Immediate Impact at the FCC
On January 21, Brendan Carr, the new chairman of the Federal Communications Commission, announced that he was ending the FCC’s promotion of DEI. Chairman Carr said he will focus the agency’s work on competently carrying out its statutory mission, as defined by Congress, without promoting "invidious forms of discrimination."
Promoting invidious forms of discrimination runs contrary to the Communications Act and deprives Americans of their rights to fair and equal treatment under the law. It also represents a wasteful expenditure of taxpayer resources. Nonetheless, the FCC joined other private and public sector institutions in promoting discriminatory DEI policies during the Biden Administration. The FCC did so by embedding DEI in its strategic priorities, budget requests, advisory groups, rulemaking proceedings, and many other components of its official work.—Chairman Carr
Chairman Carr announced he would be:
1. Eliminating the Promotion of DEI from the FCC’s Strategic Plan
"Starting during the Biden Administration, FCC leadership added the promotion of DEI to the Commission’s Strategic Plan, listing it as the FCC’s second-highest strategic priority. Promoting DEI will no longer be any part of the FCC’s strategic plans going forward."
The FCC's Strategic Plan 2022-2026 was released in March 2022. Its Strategic Goal 2 was: Promote Diversity, Equity, Inclusion and Accessibility.
The FCC will seek to gain a deeper understanding of how the agency’s rules, policies, and programs may promote or inhibit advances in diversity, equity, inclusion, and accessibility. The FCC will pursue focused action and investments to eliminate historical, systemic, and structural barriers that perpetuate disadvantaged or underserved individuals and communities. In so doing, the FCC will work to ensure equitable and inclusive access and facilitate the ability of underserved individuals and communities to leverage and benefit from the wide range of opportunities made possible by digital technologies, media, communication services, and next-generation networks. In addition, the FCC recognizes that it is more effective when its workforce reflects the experience, judgement, and input of individuals from many different backgrounds. Advancing equity is core to the agency’s management and policymaking processes and will benefit all Americans.—FCC Strategic Plan
Strategic Goal 2 included two strategic objectives with related performance goals.
Strategic Objective 2.1: Pursue focused action, policies, and investments to eliminate historical, systemic, and structural barriers that perpetuate disadvantaged or underserved individuals and communities.
Performance Goal 2.1.1: Perform outreach and conduct programs related to communications issues that will promote education and awareness about historical, systemic, and structural barriers that perpetuate disadvantaged or underserved individuals and communities.
Performance Goal 2.1.2: Identify historical, systemic, and structural barriers experienced by disadvantaged, marginalized, or underserved individuals and communities, and take measures to ensure their equitable and inclusive access to digital technologies, media, communication services, and next generation networks.
Strategic Objective 2.2: Seek to gain a deeper understanding of how the agency’s rules, policies, and programs may promote or inhibit advances in diversity, equity, inclusion, and accessibility.
Performance Goal 2.2.1: Conduct outreach to the Commission’s counterparts throughout various levels of government as well as other stakeholders to better understand how the Commission can promote diversity, equity, inclusion, and accessibility through its rules, policies, and programs.
Performance Goal 2.2.2: Ensure that the FCC cultivates an inclusive culture that encourages collaboration, flexibility, and fairness.
2. Eliminating the Promotion of DEI from the FCC’s Budget
"Starting during the Biden Administration, the FCC’s annual budget requests to Congress stated that the FCC would use its appropriated funds to promote DEI. Promoting DEI will no longer be any part of the FCC’s budget requests going forward."
In its 2025 Budget Estimates to Congress, the FCC requested $448,075,000 in budget authority from regulatory fee offsetting collections. The request represents an increase of $57,883,000 (14.8 percent) from fiscal year (FY) 2024's $390,192,000. In FY 2023, the FCC's Universal Service Fund (USF) made outlays totaling $8.283 billion. The FCC reported to Congress that 77 percent of those outlays ($6.38 billion) were to fulfill the FCC's first strategic goal (Pursue a "100 Percent" Broadband Policy) and 23 percent ($1.91 billion) went to Promote Diversity, Equity, Inclusion, and Accessibility. The latter included:
- Promoting affordable access to reliable broadband networks in America’s rural, Tribal, insular, and high-cost areas, and to people of color and others who have been historically underserved, persons who live in rural areas, on Tribal lands, persons with disabilities, and persons otherwise affected by persistent poverty, discrimination, or inequity.
- Improving access to healthcare in America’s rural, Tribal, insular, and high-cost areas, and to people of color and others who have been historically underserved, persons who live in rural areas, on Tribal lands, persons with disabilities, and persons otherwise affected by persistent poverty, discrimination, or inequity through the Rural Healthcare Program.
- Continuing to work in partnership with state, local, and Tribal governments to implement and administer the Rural Digital Opportunity Fund (RDOF), Connect America Fund Phase II (CAF II), Rate of Return carrier reform, and all other active high-cost initiatives to further our efforts to ensure that broadband networks are deployed in American’s rural, insular, and high-cost areas, and to people of color and others who have been historically underserved, persons who live in rural areas, persons with disabilities, and persons otherwise affected by persistent poverty, discrimination, or inequity.
The FCC also has an Office of Workplace Diversity that develops, coordinates, evaluates, and recommends to the FCC policies, programs, and practices that foster a diverse workforce. The Office also promotes and ensures equal employment opportunity (EEO) for all employees and applicants. A principal function of the Office is to lead, advise, and assist the FCC—including its component Bureau/Office managers, supervisors, and staff at all levels—on ways to promote inclusion and full participation of all employees in pursuit of the FCC’s mission. The Office (1) conducts independent analyses of the FCC’s policies and practices to ensure that those policies and practices foster diversity in the workforce and ensure equal opportunity for employees and job applicants; and (2) advises the FCC, Bureaus, and Offices of their responsibilities under relevant laws, Executive Orders, and regulatory provisions relating to workforce diversity, equal employment opportunity, nondiscrimination, and civil rights.
In 2023 the Office of Workplace Diversity's budget was $1.22 million.
3. Eliminating the FCC’s DEI Advisory Group
"As Chairman of the FCC, I have concluded that the work of the FCC’s Communications Equity and Diversity Council is complete. This Advisory Group will therefore terminate pursuant to Section 10 of its Charter."
The mission of the FCC's Communications Equity and Diversity Council (CEDC) was to make recommendations to the Commission on advancing equity in the provision of and access to digital communication services and products for all people of the United States, without discrimination on the basis of race, color, religion, national origin, sex, or disability. In carrying out this mission, CEDC made recommendations to the FCC on how to accelerate the deployment of high-speed Internet access, or “broadband,” in all communities by reducing and/or removing regulatory barriers to infrastructure and investment, and by making recommendations on how to strengthen existing broadband networks and develop new ones. CEDC also made recommendations to the FCC on how to accelerate the entry of small businesses, including those owned by women and minorities, into the media, digital news and information, and audio and video programming industries, including as owners, suppliers, and employees.
CEDC recommendations and reports included:
- CEDC Report on Recommendations and Best Practices to Prevent Digital Discrimination and Promote Digital Equity
- Innovation and Access Working Group Access to Capital
- Innovation and Access Digital Upskilling
- Future of Work and Non-Traditional Anchor Institutions
- Media Ownership Diversity
- Digital Empowerment and Inclusion Broadband Access, Adoption and Deployment
4. Rescinding the FCC’s DEI Equity Action Plan
"In 2022, the FCC published an Equity Action Plan that promotes DEI. This Equity Action Plan will be rescinded."
The FCC's Equity Action Plan is no longer available online, In April 2022, my colleague, Grace Tepper, wrote a summary of the plan which divided the FCC's strategic goal into four key agency programs and policies. For each one, the FCC provided an overview of the program/policy goals and background. Then, the agency assessed barriers to equitable outcomes associated with the given subject area. The FCC followed this with actions it was committing to take to ameliorate the barriers, the intended impact of its actions, and how it aimed to track its progress and hold itself accountable to promoting equity and inclusion.
Specifically, the FCC pointed to its Congressionally-mandated proceeding on preventing and eliminating digital discrimination; the now-ended Affordable Connectivity Program; the Emergency Connectivity Fund created by Congress in the American Rescue Plan Act; and its broadband data collection and mapping efforts established by the Broadband DATA Act and funded by the Infrastructure Investment and Jobs Act.
5. Ending the FCC’s DEI Task Force
"In 2022, FCC leadership formed a cross-agency group named the Digital Discrimination Task Force. I will ensure that this group and its work ends."
Information about the FCC's Digital Discrimination Task Force has been removed from its website. Former FCC Chairwoman formed the cross-agency task force to focus on creating rules and policies to combat digital discrimination and to promote equal access to broadband across the country, regardless of zip code, income level, ethnicity, race, religion, or national origin. D’wana Terry, Special Advisor to the Chairwoman and Acting Director of the Office of Workplace Diversity, led the agency-wide effort in collaboration with Sanford Williams, Special Advisor to the Chairwoman, and Deputy Managing Director in the Office of the Managing Director and Alejandro Roark, Chief of the Consumer and Governmental Affairs Bureau, with additional support from other FCC bureaus and offices. The task force oversaw the development of model policies and best practices states and local governments can adopt that ensure ISPs do not engage in digital discrimination.
6. Eliminating DEI from the FCC’s Advisory Committee Directive
"In 2023, the FCC issued a Directive that tasked each of the FCC’s advisory committees with promoting DEI. This DEI portion of the 2023 Directive will be revoked."
7. Eliminating the Promotion of DEI from the FCC’s Annual Performance Plans
"Starting during the Biden Administration, FCC leadership added the promotion of DEI to the Commission’s annual performance plans. Promoting DEI will no longer be any part of the FCC’s performance plans going forward."
The FCC released its FY 2024 Annual Performance Report on January 17. The FCC reported on the following activities to promote diversity, equity, inclusion, and accessibility:
- The FCC adopted final rules to prevent digital discrimination of access to broadband services based on income level, race, ethnicity, color, religion, or national origin. Under the Infrastructure Investment and Jobs Act, the FCC is required to adopt rules to ensure that all Americans have equal access to reliable, high-speed broadband services without discrimination based on the characteristics listed in the statute.
- The FCC adopted rules to codify the challenge process deadline for the National Broadband Map required by the Infrastructure Investment and Jobs Act, and delegated authority to its Office of Economics and Analytics to conduct audits of broadband data submitted by providers as required under the Broadband DATA Act.
- The FCC implemented key provisions in the Safe Connections Act of 2022 to support survivors of domestic abuse and other related crimes seeking to maintain critical connections with friends, family, and support networks. The rules require mobile providers to separate phone lines linked to shared plans where the abuser is on the account and protect the privacy of survivors by requiring providers to omit records of calls and text messages to domestic violence hotlines from consumer-facing call and text message logs. The FCC also announced the implementation of a key provision of the Safe Connections Act allowing impacted survivors experiencing financial hardship to receive up to six months of emergency Lifeline support.
- The FCC launched a rulemaking proceeding proposing improvements for wireless call routing to the 988 Suicide & Crisis Lifeline to connect callers in crisis to behavioral health resources in their state or county while protecting their privacy. Calls to 988 have been routed based on the caller’s area code and exchange, which presents some obstacles to callers whose area code does not correspond to their location. The proposal would require a georouting solution to be implemented for all wireless calls to the 988 Lifeline.
- The FCC launched a rulemaking proceeding to examine how it can best help stop abusers from using connectivity tools in vehicles to harass and intimidate their partners. The proceeding will examine how the agency can use existing law to ensure car manufacturers and wireless service providers are taking steps to assist abuse victims and seek comment on additional steps the Commission can take to safeguard domestic violence survivors.
8. Eliminating DEI Analysis from FCC Economic Reports
"During the Biden Administration, the Commission’s economic reports—including the FCC’s Section 706 and its Communications Marketplace Reports—started to focus on the promotion of DEI, rather than hewing to the tasks laid out by Congress for those reports. Promoting DEI will no longer be any part of the FCC’s reports."
In March 2024, the FCC released its most recent broadband deployment report. The report noted:
In November 2023, the FCC convened policymakers, grassroots organizations, telecommunications and public health experts, researchers, and clinicians to explore how advancing digital equity—including increased access to reliable, high-speed broadband and broadband-enabled health technologies—improves maternal health equity.
In June 2022, the FCC executed a Memorandum of Understanding (MOU) with the Institute of Museum and Library Services to jointly promote public awareness and facilitate the availability of federal funding opportunities for broadband. The partnership focused on efforts to promote the availability of affordable broadband programs, in recognition of the significant role that libraries and other community anchor institutions play in promoting digital access and inclusion.
The broadband deployment report made no other mention of diversity, equity, or inclusion. The report did contain a section on the universal service goal of equitable access to broadband. The discussion was limited to presenting, for informational purposes, the FCC's demographic analysis of the digital divide. The FCC observed that:
- The number of broadband provider options increases with the number of housing units in the census block group, population density, and median household income.
- In general, the census block groups in rural areas tend to have the lowest population density and the lowest number of households and are likely to have the largest percentage of the households with zero provider options, that is, no broadband service availability.
- On average, service availability is highest in census blocks with the highest median household incomes, the highest population densities, and the lowest household poverty rates.
- On average, as the poverty rate increases, fixed terrestrial service adoption declines, but mobile 5G adoption decreases from first quartile to the third quartile before increasing in the highest quartile.
- On average, areas served with 100/20 Mbps fixed broadband and 5G mobile broadband have higher population densities, per capita incomes, and median household incomes.
The FCC's latest Communications Marketplace Report was released on December 31, 2024. In the report's assessment of the digital divide a section on equitable access, the FCC noted that concerns about equitable access remain.
- On average, service availability is highest in census blocks with the highest median household incomes, the highest population densities, and the lowest household poverty rates.
- On average, areas served by both terrestrial 100/20 Mbps and 5G wireless services have higher population densities, higher per capita incomes, and higher median household incomes, with the exception of unserved urban areas, which tend to have higher per capita and median household incomes than served urban areas.
- On average, as the poverty rate increases, availability of fixed terrestrial services declines, but mobile 5G-NR availability decreases from the first quartile to the third quartile before increasing in the highest quartile.
Concerning diversity, the noted:
- Common ownership of entities that deliver video programming to consumers and entities that produce and supply video programming for delivery may have implications for competition and programming diversity in the pay-TV marketplace. Thus, Congress, in 1992, enacted various provisions related to vertical integration between cable operators and programming networks (e.g., program access, program carriage, channel occupancy limit provisions).
- In 2023, the FCC retained existing media ownership rules (with slight modifications) in order to promote competition, localism, and viewpoint diversity more effectively going forward.
On equity, the FCC noted the work of the work of the Communications Equity and Diversity Council. The report does not mention inclusion.
Reaction at the FCC
In response to Chairman Carr's announcement, fellow FCC Commission Anna Gomez said:
What a shame. The Federal Communications Commission was created for the purpose of ‘regulating interstate and foreign commerce in communication by wire and radio so as to make available, so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, a rapid, efficient, Nationwide, and world-wide wire and radio communication service. . .’ Most recently, in the Bipartisan Infrastructure Law, Congress directed the Commission to prevent and eliminate digital discrimination. Turning off the light on initiatives aimed at helping us find what causes inequality kneecaps our ability to implement these congressional directives.
It is our foundational mission to serve all – without discrimination. Let’s be clear, diversity, equity, and inclusion does not equal discrimination. It is precisely our efforts to be equitable and inclusive that strengthen our ability to fulfill our mission.
Over the years, the Communications Equity and Diversity Council (CEDC) and its multiple predecessors, first chartered under former Chairman Michael Powell in 2003, have offered valuable recommendations to the FCC.
I am deeply familiar with the important work this advisory group does for our agency. Former Chairman Ajit Pai created its immediate predecessor in 2017, the Advisory Committee on Diversity and Digital Empowerment, and appointed me as Vice Chair and subsequently Chair. It is a shame that the current administration does not see value in the recommendations from telecommunications industry leaders, consumer experts, and local government officials.
It is important that the Commission is not distracted by culture wars and is focused instead on the important work we have to do to ensure everyone, everywhere is connected, including communities historically left behind. It bears repeating, our foundational mission is to serve all. I will continue to live this mission and advance it as a commissioner.
Quick Bits
- Biden-Harris Administration Recommends for Award More Than $369 Million to Invest in Digital Skills
- OMB Clarifies Executive Order Concerning Infrastructure Act Funding
- Karin O'Leary is now leading the NTIA
- Cox settles lawsuit against RI's broadband improvement program
- FCC Chairman Brendan Carr Announces Acting Bureau, Other Leadership
Weekend Reads
- NaLA Releases Findings from Annual Consumer Survey
- Broadband Policy Toolkit
- FCC FY 2024 Annual Performance Report
ICYMI from Benton
- The Exit Interview: NTIA Assistant Secretary Alan Davidson
- Alabama’s Broadband Model for the Nation
- How Everyone On Navigates Change to Deliver Digital Equity
- The Mercedes Library Exemplifies a Vital Effort to Promote Digital Independence
- At the Denver Public Library, People Skills are the Most Important Quality When Choosing Digital Navigators
- Working Towards Universal Connectivity for K-12 Students
Upcoming Events
Jan 29—Nomination Hearing - U.S. Secretary of Commerce (Senate Commerce Committee)
Jan 30––The Universal Connectivity Imperative (State Educational Technology Directors Association)
Feb 6––Broadband Beneath the Waves: Understanding the World of Submarine Cables (Information Technology & Innovation Foundation)
Feb 11––State of the Net Conference 2025 (Internet Education Foundation)
Feb 13-14––NTIA Grantee Workshop: Atlanta (NTIA)
Feb 20––Honoring Broadband Pioneers: From the Digital Divide to Digital Opportunity (NTIA)
Feb 25––The Attention Economy: Monopolizing Kids’ Time Online (FTC)
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