President-elect Donald Trump nominated Commissioner Brendan Carr to be Chairman of the Federal Communications Commission (FCC). To understand what some of the FCC’s priorities will likely be in 2025, we can look at Commissioner Carr’s chapter in Project 2025 about what the FCC should do.

Commissioner Carr writes a detailed description of the policy changes he would like to see with the FCC, focusing on these four main goals:

• Reining in Big Tech
• Promoting national security
• Unleashing economic prosperity, and
• Ensuring FCC accountability and good governance.

Summary of Commissioner Carr’s Chapter on the Federal Communications Commission in Project 2025

I. Reining in BigTech

To “rein in BigTech,” Commissioner Carr suggests the new administration of the FCC should take the following five actions:

1. Eliminate immunities that courts added to Section 230.

Commissioner Carr suggests that the FCC clarify that Section 230(c)(1) does not apply broadly to every decision that a platform makes, but only when a platform does not remove information provided by someone else. The FCC should also clarify that Section 230(c)(2) protections apply to any covered platform’s decision to restrict access to material provided by someone else. Commissioner Carr suggests that these combined actions “will appropriately limit the number of cases in which a platform can censor with the benefit of Section 230’s protections.”

Section 230(c)(1): “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

Section 230(c)(2): “No provider or user of an interactive computer service shall be held liable on account of- (A) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or (B) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).” —footnote to the reference of paragraph (1) explains “[p]robably should be “subparagraph (A).”

2. Impose transparency rules on BigTech.

Mirroring FCC rules that require broadband providers to disclose practices that would shape Internet traffic (from blocking to prioritizing or discriminating against content), Commissioner Carr suggests the FCC could take a similar approach to BigTech, using Section 230 and the Consolidated Reporting Act as potential sources of authority. “BigTech should be required to offer a transparent appeals process that allows for the challenging of pretextual takedowns or other actions that violate clear rules of the road.”

3. Support legislation that scraps Section 230’s current approach.

Commissioner Carr suggests the FCC should work with Congress to

• Ensure Internet companies no longer “have carte blanche” to censor protection speech while maintains their Section 230 protections
• Ensure antidiscrimination provisions are applied to BigTech, including “back-end” companies that provide hosting services and DDoS protection
• Prohibit discrimination against core political viewpoints—similar to a Texas law that prohibits platforms from censoring content based on the speaker’s political viewpoint (This law was unanimously held unconstitutional. “Texas cannot impose its preferences on how private entities curate and present speech, as this would amount to government control over the expression of ideas.” See NetChoice, LLC v. Paxton).

4. Support efforts to empower consumers.

Commissioner Carr suggests that Congress should be mindful of how we can return to Internet users the power to control their online experiences. “One idea is to empower consumers to choose their own content filters and fact checkers.”

He also suggests the FCC should work with Congress to ensure stronger protections against young children accessing social media sites despite age restrictions.

5. Require that BigTech begin to contribute a fair share.

Commissioner Carr suggests that Congress should require BigTech companies to start contributing an appropriate amount to the Universal Service Fund (USF).

II. Protecting America’s National Security

Commissioner Carr suggests seven actions that the FCC can and should take to address security threats posed by the Chinese Communist Party (CCP).

1. Address TikTok’s threat to U.S. national security
2. Expand the FCC’s Covered List
3. End the unregulated end run—close the loophole that allows entities that have banned from operating in the U.S. to operate by offering services very similar to the ones that they are prohibited from providing, such as providing services to data centers.
4. Publish a foreign adversary transparency list—the FCC should compile and publish a list of all entities that hold FCC authorizations, licenses, or other grants of authority with more than 10 percent ownership by foreign adversarial governments. (See Foreign Adversary Communications Transparency Act).
5. Fully fund the federal “rip and replace” program—fully fund the Secure and Trusted Communications Networks Reimbursement Program.
6. Launch a Clean Standards Initiative—similar to the Clean Networks Program, through which many US government allies ended relationships with Huawei, a new administration should expand this work to the standard-setting process. The CCP is seeking to extend its influence by exerting control over the development of standards in a variety of areas, including technology and telecommunications, and the the US should meet this threat with a clean standards intitiative.
7. Stop aiding the CCP’s authoritarian approach to artificial intelligence—US companies are giving the CCP access to high-powered cloud computing services. US entities should be stopped from directly or indirectly contributing to CCP’s malign AI goals.

III. Unleashing Economic Prosperity

Commissioner Carr suggests four policies that would advance a “pro-growth agenda” for next-generation connectivity.

1. Refill America’s spectrum pipeline—identify specific airwaves that the FCC can free for commercial wireless services and set an aggressive timeline for agency action.
2. Facilitate coordination on spectrum issues—create better mechanisms to improve communication and cooperation between different federal agencies.
3. Modernize infrastructure rules—the FCC should explore deployment of wired infrastructure by imposing limits on the fees that local and state governments can charge for reviewing those wireline applications and time restrictions on the government’s decision-making process.
4. Advance America’s space leadership—the FCC should expedite its work to support new technology of low-earth satellites.

IV. Holding Government Accountable

Commissioner Carr suggests that federal technology and telecommunications programs would benefit from stronger oversight and a fresh look at eliminating outdated regulations. He writes three examples.

1. End wasteful broadband spending policies—dramatic increases in funding through the American Rescue Plan Act (ARPA) and the Infrastructure Investment and Jobs Act means that the federal government has more than enough resources to meet its broadband connectivity goals. Funds should be used to support communities that are without broadband connectivity, instead of funding places that already have broadband connectivity.
2. Adopt a national coordinating strategy—spending for broadband development needs to be monitored. The FCC should launch a review of its existing broadband initiatives, including the USF, to avoid duplication and improve efficiency.
3. Correct the FCC’s regulatory trajectory and encourage competition to improve connectivity—many of the FCC’s regulations “that were adopted in an era when every technology operated in a silo” should be eliminated, including media ownership rules and universal service requirements. The FCC should engage in a top-to-bottom review of its regulations and create a market-friendly regulatory environment that fosters innovation competition.

Takeaways

Upon a close read of Commissioner Carr’s suggestions in Project 2025, we are left with a list of potential priorities the Commission may take this year, including, among others,

• Declaratory Rulings regarding Section 230;
• Public Safety and National Security related proceedings;
• Freeing up additional spectrum;
• Reform of Universal Service Fund;
• Removal of duplicative or unnecessary regulations.

Much of this list is the subject of litigation and its outcome is to be seen.

We have an exciting year of telecom ahead of us!