Updated at 4:05pm Eastern
BOCA RATON, FLA. — In the weeks since President Trump was sworn in for a second non-consecutive term as U.S. President, so-called “Diversity, Equity and Inclusion” programs across the corporate landscape have been shelved, or greatly muted, out of concern that the executive branch of the federal government could come calling.
For NBCUniversal parent Comcast, questions are being asked. They come courtesy of the Chairman of the FCC, Brendan Carr.
Potential violations of equal employment opportunity laws are the focus of a Letter of Inquiry set by Carr to Comcast Chief Executive Officer Brian Roberts. Conservative-leaning cable news channel Newsmax first reported Roberts’ receipt of the letter from Carr on Tuesday (2/12).
“I am writing to inform you that I have asked the FCC’s Enforcement Bureau to open an investigation into Comcast and NBCUniversal,” Carr said in the letter verified by Newsmax as authentic. “In particular, I want to ensure that your companies are not promoting invidious forms of discrimination in violation of FCC regulations and civil rights laws.”
The term invidious suggests an unfair or unjust hiring and/or everyday workplace environment at one of North America’s largest media companies. With perhaps Canada’s Rogers Communications the only company bigger in scale, Comcast is the parent of the Xfinity MVPD and broadband internet brand, owns Universal Studios and its related theme parks, and controls all within NBCUniversal — including NBC and Telemundo owned stations in the nation’s biggest markets,
TWO REASONS FOR CARR’S COMCAST PROBE
Why is this “broader effort” starting with Comcast and NBCUniversal? He cites two reasons.
First, he shares, “there is substantial evidence that your companies are still engaging in the promotion of DEI.”
Second, he points to Comcast’s companies, which cover a range of sectors regulated by the FCC.
“Therefore, I expect that this investigation into Comcast and its NBCUniversal operations will aid the commission’s broader efforts to root out invidious forms of DEI discrimination across all of the sectors the FCC regulates,” Carr said in the letter.
Could Comcast be a test subject for a wholesale dismantling of “DEI,” a controversial initiative that many corporations implemented as a way for internal organizations to best-reflect the consumers they seek with their respective goods and services? Organizations such as the ANA and Hispanic Marketing Council have had discussions pertaining to DEI for years. For advertising agency leaders, the message that “DEI is not marketing” has permeated conversations for the last several years.
Carr continued, “Comcast states on its website that promoting DEI is ‘a core value of our business’ and public reports state that Comcast has an entire ‘DEI infrastructure’ that includes annual ‘DEI day[s],’ ‘DEI training for company leaders,’ and similar initiatives … NBCUniversal has similar DEI initiatives, including executives specifically dedicated to promoting DEI across the TV and programming side of the business. But promoting invidious forms of discrimination cannot be squared with any reasonable interpretation of federal law.”
Thus far, Comcast has only shared a short statement with various media organizations confirming receipt of the letter and how it intends to respond.
“We have received an inquiry from the Federal Communications Commission and will be cooperating with the FCC to answer their questions,” Comcast said. “For decades, our company has been built on a foundation of integrity and respect for all of our employees and customers.”
As of Wednesday morning, the FCC’s website did not offer any information on its Enforcement Bureau microsite regarding the inquiry.
‘GRAVE CONCERN’ FROM TOP DEMOCRAT
Since Carr became Chairman of the FCC, much of the vocal opposition to partisan moves undertaken by the agency since President Trump was sworn in came from the office of Democratic Commissioner Anna M. Gómez.
On Wednesday, it was the senior Democrat on the FCC — Geoffrey Starks — who spoke out against the Trump Administration’s latest effort to rein in practices the executive branch of the federal government takes issue with.
And, in his view, an investigation into the Equal Employment Opportunity practices of Comcast and NBCUnversal is action that gives Starks “grave concern.”
In a statement, Starks said that Carr as a Republican FCC Commissioner blasted the prior administration for acting in a way that “gives the FCC a nearly limitless power to veto private sector decisions.”
Starks cites a 2023 dissenting statement from Carr on a Report and Order and Further Notice of Proposed Rulemaking on the implementation of the Infrastructure Investment and Jobs Act: Prevention and Elimination of Digital Discrimination.
With respect to the FCC going after Comcast for its DEI practices, Starks warns, “From what I know, this enforcement action is out of our lane and out of our reach.”
He notes that he’s asked for a briefing to understand the Enforcement Bureau’s theory of the case, the authority relied upon, and any prior precedent.
