In what looks like a new focus on stations’ diversity, equity, and inclusion policies, the FCC has begun an inquiry into NBC/Universal’s DEI program. This follows an executive order from the Trump administration seeking to end DEI programs in the government and a subsequent order seeking to end discriminatory practices and restore a merit-based opportunity in the private sector. In a recent letter to NBC Universal, FCC Chairman Brendan Carr stated that he is concerned that these programs constitute a form of discrimination:
“As you know, the Communications Act and Commission rules prohibit regulated entities—like Comcast and NBCUniversal—from discriminating on the basis of race, color, religion, national origin, age, or gender. Indeed, the FCC’s longstanding Equal Employment Opportunity or EEO rules set forth specific requirements that both Comcast and NBCUniversal must adhere to.
Nonetheless, I am concerned that Comcast and NBCUniversal may be promoting invidious forms of DEI in a manner that does not comply with FCC regulations. For instance, Comcast states on its website that promoting DEI is “a core value of our business” and public reports state that Comcast has an entire “DEI infrastructure” that includes annual “DEI day[s],” “DEI training for company leaders,” and similar initiatives. NBCUniversal has similar DEI initiatives, including executives specifically dedicated to promoting DEI across the TV and programming side of the business.”
It appears that this is just the first step in a broader initiative. The letter continues:
“At my direction, the FCC has already taken action to end its own promotion of DEI. As a next step, 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 and the agency’s EEO rules, including by shutting down any programs that promote invidious forms of DEI discrimination.
I am starting this broader effort with Comcast and NBCUniversal for two reasons. First, as noted above, there is substantial evidence that your companies are still engaging in the promotion of DEI. Second, your companies cover a range of sectors regulated by the FCC—from cable to high-speed Internet and from broadcast TV stations to MVNO wireless offerings. Therefore, I expect that this investigation into Comcast and its NBCUniversal operations will aid the Commission’s broader efforts to root out invidious forms of DEI discrimination across all of the sectors the FCC regulates.”
This approach drew the concern of Commissioner Starks, who believes the Enforcement Bureau’s action may go beyond the Commission’s authority.
“From what I know, this enforcement action is out of our lane and out of our reach. 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 action gives me grave concern.”
Stations are reminded that the FCC’s EEO outreach policies remain in place and ignoring them could result in penalties and fines. The key issue is distinguishing between a station’s EEO efforts and “invidious forms of DEI” that constitute discrimination and a violation of these rules. This is the beginning of a complex investigation and what is likely to become a highly politicized process. We will watch this process closely.
You can see Chairman Carr’s letter to NBC/Universal here.
You can see Commissioner Stark’s statement here.
You can see the Administration's Executive Order on Ending Discrimination in the Private Sector here.