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Anti-Musk Bias Cited

House Oversight Head Probes FCC's Starlink RDOF Decision, Khan's Pro-Harris Activities

House Oversight Committee Chairman James Comer, R-Ky., is taking aim again at the FCC and FTC with less than a month left before the Nov. 5 presidential election. Comer said Tuesday he’s expanding his probe of FTC actions under Chair Lina Khan (see 2306010053) to examine her attendance at upcoming policy events as a way to campaign for Vice President Kamala Harris, the Democrats’ presidential nominee, and congressional candidates. House Commerce Committee Chair Cathy McMorris Rodgers, R-Wash., and GOP former FCC Commissioner Mike O’Rielly have criticized Khan’s pro-Harris activities in recent days (see 2410020046).

Comer said Monday he’s investigating the FCC’s decision barring SpaceX’s Starlink from the Rural Digital Opportunity Fund program (see 2312140048). House Oversight Republicans raised misgivings about the FCC’s action during a September hearing with Commissioner Brendan Carr (see 2409190063). Panel Republicans began a probe last week of the FCC’s approval of radio broadcaster Audacy’s request for a temporary waiver of foreign-ownership requirements to complete a bankruptcy restructuring that includes George Soros-affiliated entities purchasing its stock (see 2409270053).

Comer told Khan she’s “engaged in partisan political activities with numerous Democrat congressional candidates, undermining the FTC’s independence and its mission to protect American consumers regardless of partisan affiliation.” Such activities “further diminish the FTC’s reputation under your leadership and raise serious questions concerning whether you have complied with legal and ethical standards,” Comer said in a letter to Khan. “You have consistently demonstrated your disregard for ethical norms and willingness to serve as a political tool of the Biden-Harris Administration. As FTC Chair, you should be working to protect the American consumer instead of abusing taxpayer time and resources as an advocate for the Biden-Harris Administration and a campaign prop for Democrat congressional candidates.”

Comer wants a response from Khan by Oct. 22 with documents and communications that will help House Oversight decide “whether your prior or planned appearances at campaign-season events with Democrat candidates while serving as the head of an independent, bipartisan federal commission are appropriate and lawful.” He in part seeks Khan’s correspondence with the Biden administration and the Democratic National Committee about the 2024 campaign cycle. Comer also wants documentation from Khan about whether she or her office consulted with “the FTC’s Designated Agency Ethics Official” about campaign plans. The FTC didn’t immediately comment.

Starlink’s recent deployments to provide cell coverage in Hurricane Helene-affected areas suggest the company “can support rural communities recovering from natural disasters -- and therefore in daily usage, too,” Comer said in a letter to FCC Chairwoman Jessica Rosenworcel. He also invoked Carr’s testimony to House Oversight that “the FCC is now among a ‘growing list of administrative agencies that are taking action against [X owner and SpaceX CEO] Elon Musk’s businesses.’ The FCC must ground its decision-making in law and not politics. Administrative decisions that reflect partisanship hurt the very communities that programs like RDOF are intended to help.”

Comer wants an FCC response by Oct. 21 with “all documents and communications regarding” the commission’s initial award of RDOF funds to Starlink and its subsequent decision to deny the company that money. He also wants the FCC to brief House Oversight staff by Oct. 14. In addition, Comer sought all documents and communications “between FCC personnel regarding” Musk, SpaceX and his purchase of X “between December 2020 and the present.” The FCC didn’t comment.