A Republican FCC Majority Coming Soon as Commissioner Starks Announces Imminent Departure – What Broadcast Issues May be Affected?

In this note for the Broadcast Law Blog, author David Oxenford comments on FCC Commissioner Geoffrey Starks’ announcement that the May meeting would be his last, setting the stage for a Republican majority at the Commission ahead of its June 26 session. While Starks had previously signaled his impending departure, the timing ensures that Chairman Brendan Carr will lead the FCC with a GOP majority even before Olivia Trusty’s nomination as the third Republican Commissioner is confirmed. This shift in the Commission’s political balance is expected to influence major policy areas affecting broadcasters, most notably the long-delayed 2022 Quadrennial Review of broadcast ownership rules. Republican Commissioners have criticized the current rules as outdated in light of digital competition, and a GOP-led FCC may move forward with proposals to significantly loosen ownership restrictions.

Oxenford also highlights how the Republican majority could accelerate deregulatory initiatives such as the “Delete, Delete, Delete” proceeding, which seeks to ease administrative burdens on broadcasters. Numerous commenters have called for eliminating or scaling back public file requirements, including annual EEO program reports, Quarterly Issues Programs lists, and ownership and children’s television reports. Other rules under scrutiny include limitations on broadcast financing and station relocation, which some argue prevent broadcasters from better serving evolving audience needs. With fewer partisan constraints, the FCC under Republican leadership may more aggressively pursue these deregulatory efforts to reduce compliance costs and modernize outdated rules.

Further reforms may target the network-affiliate relationship, with Commissioner Simington proposing limits on reverse retransmission consent fees that local broadcasters pay to networks for programming. Chairman Carr has echoed support for local broadcasters and expressed interest in clarifying the “public interest” standard that underpins much of FCC regulation. However, a recent Fifth Circuit ruling limited the FCC’s regulatory authority under that standard, reinforcing that only Congress can authorize specific areas of regulation. This interpretation could restrict the Commission’s ability to introduce new obligations, even under deregulatory leadership. Additionally, both Republican Commissioners have advocated for internal efficiency reforms, including staff cuts and expanded automation in routine FCC processes…

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