McClellan Leads 17 Members Slamming White House Anti-DEI Agenda and Efforts to Politicize FCC

Washington, D.C. - Today, Congresswoman Jennifer McClellan (VA-04) and Congressman Jonathan Jackson (IL-01) led 16 Members in sending a letter to Federal Communications Commission (FCC) Chairman Brendan Carr demanding more information on the "invidious forms" of Diversity, Equity and Inclusion (DEI) the agency has targeted under his leadership and calling out this Administration's weaponization of the FCC for its partisan agenda.

Chairman Carr's leadership of the FCC has been marred by a pattern of politicization that strays the FCC further away from its core mission to ensure a rapid, efficient and non-discriminatory communications network. Over the past year, the agency has threatened several major telecommunications companies with pending merger applications and other forms of punitive action. This comes despite support from business leaders across all sectors for diversity in the workforce and within leadership teams, which strengthen innovation and enhance long-term growth and shareholder value. Applying pressure to alter lawful internal DEI policies far exceeds the FCC's responsibility to serve the public interest and appears to instead serve personal interests within the Trump Administration.

"You have been relentless in your baseless pursuit to root out DEI policies or initiatives at private companies. But at what cost?" wrote the lawmakers. "Your anti-DEI agenda is doing more harm than good and threatens companies that have strived to foster a diverse workforce and promote voices, viewpoints and content that reflect the very foundational principles of our country."

The lawmakers continued, "While at times the Commission sought to promote fairness and expand access within the communications marketplace, it must do so in a manner that maintains its commitment to serve the public interest, convenience and necessity. Under your leadership, the Commission is doing the opposite. Let it be known that our concerns here do not involve the independent decisions of private companies, but rather the misguided FCC leadership that led to the intrusive fearmongering you have instilled among the country's broadcasters since becoming Chairman."

The letter also asks for a response to the following questions and requests for further information:

1. What definition or standard does the Commission use to determine what constitutes an "invidious form" of diversity, equity, and inclusion, and under what statutory authority does the Commission make that determination?
2. A description of the factors the Commission considers when determining whether a transaction involving the transfer of communications licenses satisfies the "public interest, convenience, and necessity" standard under the Communications Act.
3. All internal and external FCC communications, memoranda, guidance, or policy documents issued since January 1, 2025, including emails, texts, and chat messages, that instruct Commission staff how to evaluate corporate governance policies or internal corporate practices when reviewing merger applications or license transfer requests.
4. All communications between FCC leadership or staff and representatives of companies with pending transactions before the Commission regarding the scope of the Commission's merger review authority since January 1, 2025.
5. A list of instances in which the Commission considered factors related to corporate governance or internal company policies, including DEI programs and other internal human resources initiatives, when evaluating applications for license renewals or transfers, merger approvals, or other regulatory authorizations. For each instance, please provide all documentation, including internal and external communications involving FCC leadership or staff, pertaining to the review or deliberation of the internal governance policies of private companies.

"Your recent actions place the FCC on a path that departs from Congressional intent and stretches far beyond the authorities granted under the Communications Act," the lawmakers concluded. "Continued actions in this direction will erode trust in the FCC's impartiality and inject uncertainty into the communications marketplace. We urge you to change course and restore the Commission's focus on its statutory mission."

The letter has been endorsed by Nxt Level and the Center for Constitutional Rights.

"Chairman Carr's efforts to pressure private companies into abandoning lawful diversity, equity, and inclusion initiatives represent a troubling misuse of the FCC's authority and a dangerous departure from the agency's statutory mission. The FCC's mission is to regulate the communications marketplace in the public interest, not police viewpoints or coerce companies into compliance with a political agenda. We support this congressional oversight effort and urge the FCC to restore public trust by ending its attempts to weaponize regulatory power against lawful workplace policies and protected expression," said Vince Warren, Executive Director of the Center for Constitutional Rights.

Read the full letter text here.