FCC’s Diversity Probe Into Comcast Draws Fire from Starks

WASHINGTON, Feb. 14, 2025 – FCC Chairman Brendan Carr’s investigation into Comcast’s promotion of diversity, equity, and inclusion programs fueled controversy within the Federal Communications Commission this week, with Democratic Commissioner Geoffrey Starks warning the move likely exceeds the FCC’s regulatory authority.

“From what I know, this enforcement action is out of our lane and out of our reach,” Starks said in a statement Wednesday. “I have asked for a briefing to understand the Enforcement Bureau’s theory of the case, the authority relied upon, and any prior precedent. This gives me grave concern.”

The probe was part of a broader Trump administration crackdown on DEI programs across the public and private sectors. On his first day back in office, Trump signed an executive order directing federal agencies to root out corporate DEI policies he labeled as discriminatory.

"The FCC will be taking fresh action to ensure that every entity the FCC regulates complies with the civil rights protections enshrined in the Communications Act... including by shutting down any programs that promote invidious forms of DEI discrimination,” Carr wrote in the letter to Comcast CEO Brian Roberts.

Carr said he was opening the probe beginning with Comcast, the owner of NBC, Peacock, and Universal Pictures, because there was "substantial evidence that your companies are still engaging in the promotion of DEI" and that Comcast covers numerous sectors regulated by the FCC including cable, high-speed internet, broadcast TV stations and wireless offerings.

Democratic FCC Commissioner Anna Gomez also criticized Carr's investigation into Comcast. "Stoking partisan culture wars is not the FCC’s job. It is time we return to our core mission – closing the digital divide, fostering innovation, and protecting consumers" she said. 

Gomez warned during her keynote speech at State of the Net 2025 Tuesday that the FCC was increasingly being “weaponized” to pressure broadcasters and online platforms to bend to Trump’s agenda.

The probe has already drawn backlash from civil rights organizations, legal experts, and media industry groups, who warn that it could have a chilling effect on corporate diversity efforts.

For decades, the FCC has enforced Equal Employment Opportunity rules, which require broadcast license holders to follow diverse hiring practices. The agency has also supported programs such as the Minority Tax Certificate Program (1978-1995) and Designated Entity Rules for Spectrum Auctions to increase minority and women-owned businesses’ participation in the telecom sector.

But under the Trump administration, DEI programs in telecommunications, along with other industries, have been targeted for elimination. Carr has already moved to rescind the FCC’s 2022 Equity Action Plan, disband the Communications Equity and Diversity Council, and strip DEI priorities from the agency’s budget, strategic plans, and advisory directives.

Former FCC Chairman Tom Wheeler under President Obama called Carr’s investigation part of a larger pattern, in a recent interview with New York Times reporter Ben Mullin.

"How can [Carr] use the coercive authority of regulation to accomplish the goals of your master and mentor, Donald Trump?" Wheeler questioned.

He pointed to what he viewed as apparent hypocrisy by Republican regulators.

“When I was chairman, Republicans were constantly complaining about regulatory overreach. Now? They're into content, they're into corporate practices.”

Wheeler and telecom analysts see Carr’s investigation as more political than legal. In a note, New Street Research policy advisor Blair Levin wrote that Carr’s past investigations into tech and media companies have not led to enforcement action, and that "if Comcast is willing to litigate, we believe it will be exonerated."

In a statement, Comcast acknowledged it received Carr's letter and said it "will be cooperating with the FCC to answer their questions," adding: "For decades, our company has been built on a foundation of integrity and respect for all of our employees and customers."