FCC Deregulation Initiative - Public Input Sought

On March 12, 2025, the Federal Communications Commission (FCC) announced its FCC deregulation initiative through a Public Notice, introducing the “Delete, Delete, Delete” program on the FCC Docket. This initiative supports the current administration’s push to reduce regulatory burdens and improve government efficiency.

Factors for Consideration

The comments are being sought by the FCC to identify unnecessary or inappropriate FCC rules and regulations that could be eliminated or modified. In addition to identifying a particular rule for elimination or modification, commentors should also include the reasons why in light of the following factors:

• Cost-benefit considerations: Comments should evaluate the impact of a particular rule in light of the costs and benefits of compliance and indicate whether the costs of the rule exceed its benefits, or whether eliminating or modifying a rule could result in greater benefits relative to its associated costs.
• Implementation experience: Comments should also address whether a particular rule or set of rules have achieved their intended objectives or led to unexpected outcomes. Such comments should address whether experience gained in the implementation of a given rule provides reason to believe that the rule is unnecessary or inappropriate, whether in its current form or otherwise.
• Technological and marketplace changes: The Commission is also keen for the public’s assistance in Identifying rules that may have become obsolete due to evolving technologies or market conditions.
• Barriers to entry: Comments can also discuss whether compliance with a particular set of rules and regulations represent an unfair barrier for small businesses seeking to enter the communications marketplace.
• Broader regulatory context: The FCC is also seeking comments on whether a particular rule or regulation is unnecessary in light of other federal, state, or industry self-regulatory efforts that address the same subject. As part of its FCC deregulation initiative, the Commission aims to identify redundant or outdated regulations that may no longer be needed due to existing oversight mechanisms at various levels of government or within the industry itself.
• Legal framework changes: The Commission is also seeking comment on whether an existing FCC rule should be reassessed in light of statutory changes and recent legal developments, such as the Supreme Court's Loper Bright decision overturning Chevron deference.

The FCC specifically highlights the impact of the Loper Bright decision, which overruled the Chevron framework for agency interpretations of statutes. Under this new precedent, courts must exercise independent judgment in determining whether an agency has acted within its statutory authority, without deferring to agency interpretations simply because a statute is ambiguous.

FCC Deregulation Initiative Comment Period

The FCC’s announcement represents a significant opportunity for stakeholders in the communications industry to contribute to the FCC's deregulatory efforts and help shape the future regulatory landscape.

The Commission encourages interested parties to provide detailed and specific comments identifying rules that should be repealed or modified, along with clear rationales for such actions. Commenters are also asked to file their submissions in all relevant dockets if their comments relate to other open Commission proceedings. Comments may be filed electronically via the Electronic Comment Filing System under GN Docket No. 25-133

The deadline for initial comments is April 11, 2025, with reply comments due by April 28, 2025.