A sweeping executive order signed by President Donald Trump on Tuesday places the FCC — along with other independent government agencies — under the increased supervision of the White House. The FCC and other agencies were previously not under direct White House control.
Under the new order, all independent federal agencies and executive branches must submit draft regulations to be reviewed by the White House. The federal agencies will also have their performance standards and budget allotments reviewed by the White House.
Further, the independent agencies, which also include the Federal Trade Commission and Securities and Exchange Commission, must appoint White House liaisons and “regularly consult with and coordinate policies and priorities” with the White House.
The president’s order will surely be controversial. Politico says that the sweeping changes will likely face significant legal challenges.
The executive order lays out Trump’s argument for the change, saying previous administrations have allowed so-called “independent regulatory agencies” to operate with minimal presidential supervision.
“These regulatory agencies currently exercise substantial executive authority without sufficient accountability to the president, and through him, to the American people,” the order says. “Moreover, these regulatory agencies have been permitted to promulgate significant regulations without review by the president.”
It continues: “These practices undermine such regulatory agencies’ accountability to the American people and prevent a unified and coherent execution of federal law. For the federal government to be truly accountable to the American people, officials who wield vast executive power must be supervised and controlled by the people’s elected president.”
The White House says in the order it intends to review independent regulatory agencies’ obligations for “consistency with the president’s policies and priorities.”
The executive order says the Office of Management and Budget will now have supervising authority over the agencies. The OMB will also be able to adjust independent agencies’ apportionments to ensure that U.S. tax dollars are spent wisely.
Of the independent government agencies, only the Federal Reserve will be left untouched by the new executive order, and remain fully independent.
In a fact sheet outlining the executive order, the White House said the so-called independent agencies have exercised enormous power over the American people without presidential oversight for too long.
“These agencies issue rules and regulations that cost billions of dollars and implicate some of the most controversial policy matters, and they do so without the review of the democratically elected president. They also spend American tax dollars and set priorities without consulting the president, while setting their own performance standards,” it states.
The fact sheet continued: “Now they will no longer impose rules on the American people without oversight or accountability.”
Politico reports that other presidents have not only declined to challenge the independence of these agencies in court, but have in many cases tried to avoid even the appearance of interference in their actions. “Many leaders appointed to the agencies serve terms that last longer than a single presidency, in an effort to help shield them from political pressure,” the digital newspaper reported.
The FCC, now under the leadership of Republican Chairman Brendan Carr, did not immediately respond to Radio World’s email seeking comment on the latest development.
The NAB up to this point has mostly applauded the deregulatory approach of the new FCC under Trump, including the appointment of Carr as chairman and the nomination of Olivia Trusty to fill an open seat at the commission. A spokesman for the group did not reply to our request for comment.
