‘Every rule, regulation, or guidance’ of the FCC is up for potential elimination under the new ‘Delete Delete Delete’ FCC proceeding
Federal Communications Commission Chairman Brendan Carr has opened a new proceeding dubbed “Delete, Delete, Delete” aimed at massive deregulation, asking for input from the public on what rules and regulations of the FCC should be eliminated.
“The agency seeks comment on every rule, regulation, or guidance document that the FCC should eliminate for the purposes of alleviating unnecessary regulatory burdens,” the FCC said in a release.
“Under President Trump’s leadership, the Administration is unleashing a new wave of economic opportunity by ending the regulatory onslaught from Washington,” Carr said in a statement. “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. This only creates headwinds and slows down our country’s innovators, entrepreneurs, and small businesses. The FCC is committed to ending all of the rules and regulations that are no longer necessary. And we welcome the public’s participation and feedback throughout this process.”
Specifically, the agency asked commenters to provide information that takes into account:
-Cost benefit analysis.
-Experience in implementing current rules and regulations, and whether any given rule “is unnecessary or inappropriate, whether in its current form or otherwise,” and if it advances FCC policy objectives as originally intended, or not, or to what degree.
-Market and technological changes. “The occurrence of marketplace and technological changes that render a rule unnecessary or inappropriate are among the most commonly-identified criteria in retrospective review standards and policies,” the FCC said in its public notice on the new docket item, adding: “Are there existing rules that have outlived their usefulness, for which there is no longer any (or only substantially diminished) need, or which otherwise give rise to harms in light of technological and marketplace developments?”
-Changes in “regulatory context”, including new state or local laws, industry standards or best practices.
-Changes in regulatory legal frameworks, with specific mention of the Supreme Court Loper Bright decision, which curtailed regulatory agencies’ authority to interpret statutes which they administer.
-Rules and regulations in the context of barrier to market entry. The FCC said that it wants input on “certain regulations impose costs unequally on large and small businesses or if they unfairly disadvantage American-owned businesses.”
