In these ridiculously polarized times we are living in politically, there is a pretty clear yet often ignored line between “illegal” and “I don’t like it, so it’s criminal.” There is a greyer area and blurrier distinction between them, and a lot of presidential conduct seems to lie there lately.
MAGA people cried violation of the law when the Biden administration repeatedly attempted to wipe student debt. Ultimately, the courts mostly shot the policy down as the left howled it was necessary.
Opponents of President Trump have objected to just about literally everything he’s done. With the courts, sometimes agreeing, sometimes limiting, and sometimes not.
While I personally respect something vaguely called “presidential conduct,” i.e., behavior behooving the Resolute Desk and the solemn oath to serve, there is a perfectly legitimate argument that a POTUS can and should test their power and limits whether half the country is offended or not. As long as they don’t obstruct justice and the rule of law, it’s their right to wield power in such a way.
This all brings us to the newly installed FCC Chair, Brendan Carr. It’s clear Carr’s modus operandi will be activist, even aggressive. That’s certainly within his authority and discretion and what the White House is instructing of him.
Here are some areas where, political allegiance aside, broadcasters should worry and push back, particularly through the lobbying arms of the NAB and RAB.
President Trump signed an executive order entitled “Ensuring Accountability for all Agencies,” exerting more direct control over “independent regulatory agencies, ” including the FTC and FCC.
Does the White House control what the FCC does? What does Carr do to the degree he’s terminated if he objects? That’s concerning because the Commission is independent, so it acts in a non-partisan manner.
Here’s the gray: if there has been partisan action, mismanagement, or budgeting issues that Congress isn’t addressing, how does the executive branch respond? The trouble is it opens the door for Trump and future Presidents to direct the FCC to regulate or even directly influence media the executive doesn’t like
To this point, Carr investigating any network’s editorial judgements as he is doing with the big three in television is grossly overstepping his role to burden political adversaries. More alarming, there was no investigation of FOX (a political ally) and both Comcast and Disney to varied degrees have capitulated.
This is a slippery slope not only for journalists but for all broadcasters as it relates to the First Amendment, decency rules, perhaps mergers and acquisitions, and even satire.
With Carr (and it would appear DOGE) looking at NPR and PBS, we are in the gray again. Uncle Sam controls the purse strings largely by asking taxpayers to fund them in part. Hence, an audit of operations seems warranted and appropriate but where is the line in a conservative FCC Chair simply trying to defund an organization which has shown a liberal content slant? No one is certain
Carr’s letter to Bob Pittman at iHeart regarding broadcasters, payola, and concert promotion is where my eyebrows arched. Is this a warning shot? Is it simply a muscle flex? What’s the objective?
Since the 1960 Payola hearings, every broadcast group has required programming personnel to sign a form stating their understanding of the law against and those who’ve ignored it (with major busts in the 80s and early 2000s) have paid the price. For Carr to directly poke iHeart over what is a non-issue is strange, particularly the specific claim that negotiations with artists for radio station concerts leading to reduced talent fees in return for airplay is not explicitly payola and is easily disclosed on the air.
One Trump-friendly congresswoman raised the issue, so perhaps the White House is asking the FCC to scratch her back by flexing on this. However, iHeart replying with anything other than, “We refer you to council who welcome any inquiry and subsequent hearing in a court of law or arbitration” is odd to me and again potentially puts broadcast radio and the FCC on a slippery slope of being bullied at the executive branch’s whims.
Radio should carefully assert its sovereignty and independence as keepers of the public airwaves and as private sector businesses, cooperating when appropriate and taking legal action when necessary. The FCC ought to be doing the same. It appears that’s not going to be the hallmark of Carr’s term.
Having said all of this, he’s certainly the first Chairmen I’ve seen climb an AM tower in his first month on the job, so I commend him for that!
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Robby Bridges works for Press Communications where he serves as the VP of Programming for 99.7 and 107.1 The Boss. He also hosts the morning show ‘Robby and Rochelle’ alongside his wife, Rochelle. He’s been with the company/stations since September, 2021.
Prior to arriving in New Jersey, Robby spent decades working across the country in many top markets for many highly successful brands. Among them include Z100, WPLJ and Q102. He has also worked in Detroit, Boston, Providence, Portsmouth, NH, and served as an exclusive guest host for Scott Shannon on the True Oldies Channel.
To get in touch, reach Robby by email at RobbyBridges@hotmail.com.
