Dive Brief:

• The Federal Communications Commission enforcement bureau has begun investigating Comcast, the provider of internet and cable television and parent of broadcaster NBC, for possibly “promoting invidious forms of DEI in a manner that does not comply with FCC regulations,” according to a letter from the agency’s new chairman, Brendan Carr, to Comcast’s chief executive officer.
• The FCC’s potential enforcement action stems from President Donald Trump’s Jan. 21 executive order ending DEI programs and practices across the federal government, which also instructed U.S. agencies “to encourage the private sector to end illegal discrimination and preferences, including DEI.”
• Comcast, which also owns Universal theme parks, said it will cooperate with the FCC to address any questions. “For decades, our company has been built on a foundation of integrity and respect for all of our employees and customers,” a Comcast spokesperson said Thursday in an email to Legal Dive.

Dive Insight:

The Comcast investigation is the latest action Carr, a former FCC general counsel, has taken against broadcasters since he assumed leadership of the agency last month.

In his letter Tuesday, Carr wrote that he wants the FCC to ensure “that your companies are not promoting invidious forms of discrimination in violation of FCC regulations and civil rights laws.” Carr referred to DEI programs as “invidious” forms of discrimination five times in his 10-paragraph letter to Comcast.

He said the DEI investigations were beginning with Comcast because of “substantial evidence” the company continues to promote DEI across its businesses. Secondly, because Comcast’s companies cover areas the FCC regulates, including broadband internet, cable TV and broadcast television, Carr said the Comcast investigation “will aid the Commission’s broader efforts to root out invidious forms of DEI discrimination across all of the sectors the FCC regulates.”

The implicit threat in the enforcement probe, if Comcast does not properly satisfy the agency’s DEI wishes, is various actions the FCC could take as one of the company’s primary regulators, including jeopardizing NBC’s broadcast licenses.

Separately, PBS said Tuesday that it was closing its DEI office, following the advice of legal counsel, and that two staff members working there would leave the broadcaster. “We will continue to adhere to our mission and values,” PBS said in a statement to National Public Radio. “PBS will continue to reflect all of America and remain a welcoming place for everyone.”

FCC Commissioner Geoffrey Starks said Wednesday in a statement that the agency’s enforcement action falls outside its purview and “gives me grave concern.” Starks said he had requested a briefing to understand the agency’s “theory of the case, the authority relied upon, and any prior precedent” for the Comcast probe. “From what I know, this enforcement action is out of our lane and out of our reach,” he said.

A spokeswoman for Starks did not immediately respond to a message seeking further comment.

FCC Commissioner Anna M. Gomez said in a statement to Legal Dive that “stoking partisan culture wars is not the FCC’s job. It is time we return to our core mission – closing the digital divide, fostering innovation, and protecting consumers.”

Trump’s executive order on DEI also told Attorney General Pam Bondi to compile a list of “the most egregious and discriminatory DEI practitioners in each sector of concern” and specific measures “to deter DEI programs or principles.” 

Each executive agency was told to identify as many as nine “potential civil compliance investigations” of publicly traded companies, large non-profits, associations or foundations.

Previously, the FCC under Carr has begun investigating CBS for possible “news distortion” over its editing of a 60 Minutes interview with former Vice President Kamala Harris. Trump has sued CBS and its parent, Paramount Global, over the interview in a Texas federal court. 

Beyond its Xfinity internet and mobile phone service business and NBC, Philadelphia-based Comcast also owns the Universal chain of theme parks, the Peacock TV streaming service, cable channel MSNBC and Sky, the UK-based television, mobile phone and internet company.