Telecommunications, whether in the form of television, radio, cable, satellite or the Internet is inherently an important infrastructure because it provides the vehicle by which citizenry receive and convey information, contributing to the forming knowledge and perceptions of the world around them. Because it is a vital link for social, cultural, economic and political participation, it is necessary to critically assess diversity in terms of those who participate and are represented structurally within telecommunications especially among marginalized groups and voices. One critical approach to examine diversity lies in colorblind racism. As developed by Bonilla-Silva, colorblind racism allows people to utilize race neutral notions, so that skin color or other racial markers are claimed to be ignored or dismissed as not relevant, emphasizing that what matters is merit, ignoring the fact that often the merits of a person are ignored or diminished because of the color of his or her skin. Bonilla-Silva’s concept of colorblind racism argues that modern day racism is present in these practices that appear nonracial. It is a racial ideology that attempts to explain racial inequality in non-racists ways through the use of specific types of frames present in discourse. Collectively these discursive practices contribute to notions that we live and operate in a “post-racial society” where color, race and ethnicity no longer matter. For decades the “public, interest, convenience and necessity” has been the overlying mantra of telecommunications regulation under the Communications Act of 1934 (as amended). To help govern what is in the public interest an, the FCC has crafted regulatory policies to best promote diversity often balancing them with the interests of localism and competition. With respect furthering diversity, the FCC has created specific regulations to address three specific types of diversity: 1) source (e.g. ownership, workforce) 2) content (e.g. program, viewpoint) and 3) exposure (horizontal, vertical). Within the area of source diversity, this paper will address the following main research question: How does critical race theory, namely Bonilla-Silva’s theory of colorblind racism, help us better understand diversity regulation in U.S. communications policy? This paper will use legal research to locate relevant rulemakings and legal opinions that address media and minority ownership rules as well as equal employment opportunity rules and analyze them through the critical lens of colorblind racism. The theoretical framework of colorblind racism is an established method for studying the post-racial society. Racial ideology is embedded in everyday discourse about contemporary social issues. Discourse creates meaning; meaning arises out of discourse through the complexity of socio-historical and cultural processes. Discourse in this study are the official FCC regulatory documents and associated court opinions of selected documents that govern diversity in communication policy. Preliminary results indicate that many of these specific rules within diversity regulations invoke colorblindness that is void of specific mention of marginalized groups in terms of race and ethnicity and instead are written in race-neutral terms. In addition, while some of these steps are a necessary “legal” outgrowth of the judicial review process that requires the FCC to be within constitutional parameters not to violate the First Amendment with content-specific language or use affirmative action criteria in fostering a diverse work force. Nevertheless, as evidenced within official rules and legal opinions, both the FCC and courts have arguably invoked colorblind terms when addressing source diversity within U.S. communications policy. As a result, while legal, the use of colorblind discourse has perpetuated structural inequalities that exist within the telecommunications landscape and unfortunately contributes to systemic racism.