Artificial Intelligence and the FCC

In July 2025, the White House released Winning the Race, America’s AI Plan, that described the administration’s view of the role that government will have in the future of Artificial Intelligence. Under the section titled Recommended Policy Actions, the White House envisions the following role for the Federal Communications Commission: "Led by the Federal Communications Commission, evaluate whether state AI regulations interfere with the agency’s ability to carry out its obligations and authorities under the Communications Act of 1934." I’ve been thinking about this directive since the report was released, trying to envision exactly what it means, particularly the reference to the Communications Act of 1934. Subsequent to the announced AI plan, the Administration announced that the FCC is also being tasked to review State regulation of AI, and Chairman Brendan Carr announced on July 24 that it’s possible the FCC would preempt state AI regulations. This announcement perplexes me, because I can’t think of any authority that would allow the FCC to preempt State AI regulations.