New Executive Order Aims to Bring Independent Agencies, Including the FCC, Under Greater Presidential Control

February 19, 2025Policy & Regulation, Antitrust, International Trade, Technology, Telecommunications, Government Contracts, Regulatory

On February 18, 2025, President Trump issued a new Executive Order (EO) titled “Ensuring Accountability for All Agencies,” which attempts to expand presidential authority over heretofore independent regulatory agencies, including the Federal Communications Commission (FCC). Independent agencies are typically delegated authority over a particular subject matter area by Congress via statute. Independent agencies are often delegated jurisdiction over issues, telecommunications being one of them, that are deemed too technical or complex to be effectively regulated by Congress through specific laws. Unlike executive agencies, which are overseen by a single agency head appointed by the President, independent agencies are typically led by a commission or board of multiple members—often with staggered terms and subject to statutory bipartisan membership requirements—who are nominated by the President and subject to Senate confirmation. In the past, this structure—paired with the President’s limited authority to remove members of the board or the FCC for specific reasons—has insulated independent agencies from executive branch control.

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