While much of The White House’s AI Action Plan, announced Thursday, focuses on innovation, workforce development, and international diplomacy, a less-publicized provision could have serious implications for broadcasters and FCC power.
Nestled within the plan’s deregulatory agenda is a directive for the Federal Communications Commission to assess whether state-level laws regulating AI interfere with the Commission’s authority under the Communications Act of 1934. The move signals a potential federal preemption of state AI rules in matters that touch where broadcasters and other FCC licensees operate.
That mandate could put broadcasters in the middle of a brewing jurisdictional battle over who controls AI policy as it relates to media, advertising, and public service delivery.
While the plan does not detail specific examples of interference, the mention of the FCC in a deregulatory context raises the possibility that stations operating under state-level AI disclosure, transparency, or content moderation rules could see those laws challenged or overridden.
After the Senate shot down a proposed enforcement moratorium for state-level AI laws, the AI Action Plan is framed as a roadmap for “unquestioned and unchallenged global technological dominance,” and argues that federal AI funding should not be distributed to states with what it deems “burdensome” AI laws.
For broadcasters, this could impact any future compliance requirements tied to AI-generated content, synthetic media disclosures, or political advertising transparency, particularly in states that have already begun implementing such measures in response to deepfake concerns.
While the Action Plan is not itself a binding regulation, it serves as a signal of intent for future executive actions, rulemaking, and budget allocations. Any moves by the FCC to interpret the Communications Act as preemptive of state AI regulations could trigger legal and political battles in states like California and New York, which have adopted stronger AI accountability frameworks.
FCC Chairman Brendan Carr commented, “President Trump is committed to ensuring America’s global leadership in AI remains unquestioned and unchallenged. Thanks to his strong leadership, America is back in the driver’s seat on that front after hitting the brakes under the previous Administration. The President’s plan puts forward a series of actions that will ensure America’s AI remains the gold standard around the world. I look forward to supporting these national priorities.”
