In the 2/5/25 edition of the ICORE Blog we discussed President Trumps Regulatory Freeze Memorandum and the potential implications. Last week, two additional Executive Orders were issued by the White House that will affect the operations of Independent Agencies like the FCC. Please note the following:
* On 2/18/25 President Trump signed an Executive Order (Order) entitled “Ensuring Accountability for All Agencies”. The Order states that all Federal Agencies are accountable to the American people as required by the Constitution and are subject to the President’s supervision, however, Independent Agencies like the Federal Trade Commission, the Federal Communications Commission, and the Securities and Exchange Commission have exercised enormous power without review of the President. The Order requires the following:
* All Agencies must submit draft regulations to the White House for review and consult with the White House on their priorities and strategic plans. The White House will set their performance standards.
* The Office of Management and Budget (OMB) will adjust Independent Agencies’ apportionments to ensure tax dollars are spent wisely.
* The President and the Attorney General (subject to the President’s supervision and control) will interpret the law for the Executive Branch, instead of having separate Agencies adopting conflicting interpretations.
* On 2/20/25 President Trump signed an Executive Order (Order) entitled ” Ensuring Lawful Governance and Implementing the President’s Department of Government Efficiency” (DOGE). The Order purports to ensure lawful governance and implements the President’s DOGE deregulatory initiative. The Order requires the following:
* Agency heads shall, in coordination with their DOGE team leads and the OMB, review all regulations subject to their jurisdiction for consistency with the law and Trump Administration policy, prioritizing rules that impose heavy costs.
* A Unified Agenda will be developed to rescind and/or modify regulations that are inconsistent with the law or Trump Administration’s policy.
* Agencies shall utilize enforcement discretion to de-prioritize enforcement actions that stretch statutory authority or exceed the constitutional powers of the Federal Government.
* The Order exempts, among other things, any action respecting a military, national security, homeland security, foreign affairs, or immigration related function of the United States.
It’s clear from the President’s Regulatory Freeze Order and the two recent Executive Orders discussed above that the White House and DOGE intend to exert significant influence over the actions of the FCC. This influence will certainly be felt in regard to the ongoing operation of the FCC and future regulatory actions and could potentially result in modification or elimination of existing rules and regulations. We will continue to monitor this issue and will provide updates as the situation unfolds.
