Delete, Delete, Delete: FCC Announces Deregulatory Initiative

On March 12, the Federal Communications Commission (FCC) launched a new deregulatory initiative through a Public Notice titled “In Re: Delete, Delete, Delete.” In this Public Notice, the FCC solicits public comments on whether specific regulations should be modified or eliminated due to being unnecessary or overly burdensome. This move aligns with President Donald Trump’s broader deregulatory agenda, as outlined in executive orders (EOs) such as “Unleashing Prosperity Through Deregulation,” which mandated that agencies eliminate at least 10 existing regulations for every new one introduced, and “Ensuring Lawful Governance and Implementing the President’s ‘Department of Government Efficiency’ Deregulatory Initiative,” which tasked agencies with identifying regulations to be eliminated.

In announcing this initiative, FCC Chairman Brendan Carr stated, “For too long, administrative agencies have added new regulatory requirements in excess of their authority or kept lawful regulations in place long after their shelf life had expired.” He continued, “This only creates headwinds and slows down our country’s innovators, entrepreneurs and small businesses.”

The FCC emphasized that submissions should focus on identifying regulations that “alleviate unnecessary burdens” and “facilitate and encourage American firms’ investment in modernizing their networks, developing infrastructure and offering innovative and advanced capabilities.” The FCC has outlined seven specific areas for consideration, and it is seeking public comment on each.

To Keep or Delete: Considerations

The FCC requests that submissions be detailed, provide rationale and specify which rules should be eliminated or modified. The Public Notice outlined seven areas the FCC will consider in determining whether a rule should be amended or removed:

• Cost-Benefit Considerations:the FCC is seeking comments on the cost-benefit analysis of existing rules, particularly where the costs outweigh the benefits. Additionally, the FCC invites feedback on whether eliminating or modifying certain rules could yield greater benefits than the costs associated with the new regulatory framework.
   
• Efficacy of the Rule:The FCC seeks input on whether any rules have proven ineffective or unnecessary after implementation. This includes whether some rules have failed to advance the FCC’s policy objectives, created compliance challenges, been subject to frequent waivers or caused harm to specific groups, such as entrepreneurs and small businesses. The FCC also seeks comments on whether there are rules that have fully achieved their intended goals and are thus redundant.
   
• Practicality of the Rule:The FCC is interested in comments on whether certain rules are no longer necessary due to diminished or nonexistent need, or because they have caused harm due to marketplace and/or technological changes and whether certain elements of broader regulations have become outdated.
   
• Barriers to Entry:The FCC is seeking feedback on whether specific regulations impose disproportionate costs on large and small businesses or broadly disadvantage American businesses.
   
• Changes in the Broader Regulatory Context:The FCC requests comment on whether new rules (from the FCC, other federal agencies, state and local laws or industry efforts) have made certain regulations unnecessary. This includes whether industry standards or best practices have reduced the need for some regulations.
   
• Changes in the Governing Legal Framework:The FCC seeks comments on whether any rules should be revisited considering statutory changes since the rule’s adoption. In particular, the FCC references the U.S. Supreme Court’s decision in Loper Bright Enterprises., Inc. v. Raimondo (“Loper”), which ruled that courts may not defer to federal agencies’ interpretations of ambiguous statutes. For a detailed overview of the case, its decisions and implications, please refer to Brownstein’s alert on the Loper decision here. The FCC is also interested in whether any rules should be reconsidered due to constitutional concerns.
   
• Other Considerations:The FCC invites comments on additional relevant factors for the deregulatory initiative, including rules that are no longer operational, have a sunset period but await further review or are better suited for case-by-case implementation rather than bright-line rules.
   

Brownstein’s Outlook

The FCC’s comment period on the deregulatory initiative will close on April 11, 2025, with a subsequent period for reply comments running until April 28, 2025. This initiative offers stakeholders a valuable opportunity to provide direct input to the FCC on rules and regulations that may negatively impact their business or could benefit from modification. The Brownstein Government Relations team is available to assist stakeholders in evaluating the regulatory landscape and determining whether a submission would be beneficial. Additionally, Brownstein can aid stakeholders in assessing whether any rules warrant distinct protection due to an industry’s reliance on specific regulatory frameworks.

While the FCC’s Public Notice does not specify which rules the agency plans to eliminate first, Brownstein anticipates that Chairman Carr’s prior comments on certain rulemakings, such as the FCC’s broadcast ownership and copper retirement rules, may provide insight into which regulations could face scrutiny under the new initiative.

THIS DOCUMENT IS INTENDED TO PROVIDE YOU WITH GENERAL INFORMATION REGARDING A ROLLBACK OF EXECUTIVE REGULATION FROM THE FCC. THE CONTENTS OF THIS DOCUMENT ARE NOT INTENDED TO PROVIDE SPECIFIC LEGAL ADVICE. IF YOU HAVE ANY QUESTIONS ABOUT THE CONTENTS OF THIS DOCUMENT OR IF YOU NEED LEGAL ADVICE AS TO AN ISSUE, PLEASE CONTACT THE ATTORNEYS LISTED OR YOUR REGULAR BROWNSTEIN HYATT FARBER SCHRECK, LLP ATTORNEY. THIS COMMUNICATION MAY BE CONSIDERED ADVERTISING IN SOME JURISDICTIONS.

Please contact the CCA regulatory committee or Michael Pryor, mpryor@bhfs.com, if you have any questions.