Trump’s Executive Order Expands White House Control Over Independent Agencies

WASHINGTON — President Donald Trump this week signed an executive order aimed at enhancing the White House’s authority over several independent regulatory agencies that Congress established to operate free from direct White House influence, including the U.S. Federal Communications Commission (FCC).

The order, signed on Tuesday, mandates that independent agencies submit proposed regulations to the White House for review. Additionally, agencies are required to consult with the White House regarding their “policies and priorities” and “strategic plans.” This executive order is part of a broader effort to consolidate power within the executive branch.

The order, titled “Ensuring Accountability for All Agencies,” has been met with skepticism from legal experts who predict it will face legal challenges in court. It follows a trend where the President has removed more than a dozen inspectors general responsible for oversight across various government agencies.

Besides the FCC, agencies affected by the new order include the Federal Trade Commission and the Securities and Exchange Commission. Although the FCC does not directly regulate major news networks, it assesses the actions of broadcasting stations across the U.S. that hold FCC licenses to operate on public airwaves.

Former FCC chairs expressed concern that this new directive would fundamentally alter the FCC’s independence. Tom Wheeler, who served as FCC chairman under former President Barack Obama, stated, “It makes an independent agency that was created to be independent like an agency in the executive branch.” Reed Hundt, another former FCC chairman under Bill Clinton, echoed this sentiment, noting that the order represents a significant departure from nearly a century of governance that kept media regulation at arm’s length from presidential control.

Republican Harold Furchtgott-Roth, who also served as an FCC commissioner under Clinton, commented that the order would significantly impact rulemaking at the FCC, although he suggested that enforcement might remain unaffected. Democratic FCC Commissioner Anna Gomez voiced her concerns, emphasizing the importance of technical expertise being free from political pressure. “Our informed decision-making is meant to be consistent with our technical expertise, not subject to political pressure,” Gomez stated in an email.

Despite the order, Gomez highlighted that Congress already provides oversight over the FCC and warned that increasing executive influence could undermine the agency’s standing as a stable and independent regulatory body.

Trump-appointed FCC Chairman Brendan Carr, along with Commissioners Geoffrey Starks and Nathan Simington, did not immediately respond to requests for comment on the order. Carr and Simington are Republicans, while Starks is a Democrat.

Kim Zarkin, a communications professor at Westminster University in Utah and a longstanding researcher on the FCC, emphasized the importance of maintaining nonpolitical operations within the FCC and similar agencies. She noted that while commissioners are nominated by the president, there has always been an expectation for these positions to be apolitical, focusing on expertise.

As time progresses, Zarkin believes it will become clearer whether the executive order will materially impact the operational dynamics of the FCC and other independent agencies.

Trump’s executive order arrives amid allegations that the FCC is being weaponized to intimidate broadcasters through ongoing investigations, as claimed by Democratic FCC commissioners and media law experts. The FCC is currently scrutinizing various broadcasters, including NPR, PBS, CBS, and NBC, regarding potential violations of FCC rules.

Specifically, the FCC is examining whether NPR and PBS member stations breached regulations concerning the airing of commercial ads, a claim both broadcasters deny. Additionally, CBS is under investigation for allegedly altering an October “60 Minutes” interview with former Vice President Kamala Harris, which is also central to a $10 billion lawsuit from Trump. CBS has denied any wrongdoing, and recently published unedited transcripts of the interview, illustrating standard journalistic practices.

Furthermore, the FCC is investigating NBC regarding its diversity, equity, and inclusion practices. Democratic FCC commissioners and media law experts have raised alarms about the implications of these investigations.