On March 12, 2025, the FCC released a Public Notice seeking comment on “deregulatory initiatives” to “facilitate and encourage American firms’ investment in modernizing their networks, developing infrastructure, and offering innovative and advanced capabilities.” Specifically, the FCC, in response to recent executive orders, is “seeking public input on identifying FCC rules for the purpose of alleviating unnecessary regulatory burdens.” In recommending rules for elimination or modification, the FCC is encouraging commenters to consider the policy factors, set forth below, while also inviting “more general comment on rules that should be considered for elimination on other grounds.”
Policy Factors for Consideration:
- Cost-Benefit Analysis: The FCC “broadly seek[s] comment on cost-benefit considerations relevant to [its] analysis” including whether certain regulations impose excessive costs compared to their benefits, and whether there are rules, that “if eliminated or modified, could result in greater benefits relative to the associated costs of the new regulatory framework.”
- Implementation Experience: The FCC asks whether experience gained in implementing a rule suggests that it is unnecessary or inappropriate, because, for example, they failed to achieve their intended objectives, created unintended burdens, or led to frequent waivers or exemptions.
- Market and Technological Changes: The FCC seeks broad comment on “what existing FCC rules are unnecessary or inappropriate” due to advancements in technology and shifts in the telecommunications marketplace.
- Regulations as Barriers to Entry: The FCC asks whether there are regulations that pose barriers to competitive entry, including whether they disproportionately burden or disadvantage small businesses and American-owned businesses.
- Regulatory Overlap and Redundancy: The FCC seeks comment on whether new federal or state regulations, or industry standards, best practices, or other self-regulatory efforts have made existing FCC rules unnecessary.
- Legal and Constitutional Considerations: The FCC seeks comment on whether there are statutory changes, constitutional determinations, or other changes in the legal landscape (e.g. Loper Bright) that mandate review and/or repeal of certain regulations.
- Other Considerations: The FCC seeks comment on “any other considerations relevant to [its] identification of existing rules that are unnecessary or inappropriate.” This includes rules that no longer have any operative effect, have outlived their intended purpose, or could be better enforced through case-by-case decisions rather than rigid regulations.
Comments are due on before April 11, 2025.
Reply comments are due on or before April 28, 2025.
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