Trump Signals Continued Focus on “Big Tech” in Naming Brendan Carr as FCC Chair

On Sunday evening, President-elect Donald Trump announced that he will name Federal Communications Commission (FCC) Commissioner Brendan Carr as Chair of the FCC. Because Commissioner Carr is a sitting Commissioner, no Senate confirmation is needed, and he will become FCC Chairman as of Inauguration Day on January 20, 2025.

While Carr was widely seen as the frontrunner to become FCC Chair in the incoming Administration, the fact that he was named so quickly-ahead of even many major cabinet picks-speaks to his closeness to key members and advisors to the President-elect, including Elon Musk. The timing of the announcement also suggests that the incoming Administration views the FCC as an important agency in achieving its policies around "Big Tech" and combatting perceived bias against conservative viewpoints.

In a post on X following the announcement, Commissioner Carr pledged to "dismantle the censorship cartel and restore free speech rights for everyday Americans." Days earlier, on November 15, he sent letters to the CEOs of four of the world's largest tech companies, asserting that their companies had played "significant roles" in "an unprecedent surge in online censorship." As we reported in our initial, post-election post on tech and media policy trends for the incoming Trump Administration, Commissioner Carr has expressed strong support for reducing the scope of immunity granted by the Section 230 safe harbor and increasing transparency into search and content moderation decisions.

To be sure, there will be significant debate about the extent to which the FCC possesses the statutory authority to accomplish these objectives. In addition, incoming Chairman Carr will await the nomination and confirmation of a third Republican Commissioner before his party gains a majority on the FCC. That said, it is clear that the FCC is likely to play a significant role in policy development when it comes to online platforms and services.