On March 12, 2025, the Federal Communications Commission (FCC) Chairman, Brendan Carr, announced a “massive deregulation initiative” that puts all agency rules and guidance on the table for reconsideration. The agency is seeking public comment on “every rule, regulation, or guidance document that the FCC should eliminate” as part of a new proceeding titled “In Re: Delete, Delete, Delete.” The FCC Chairman stated that the sweeping review aligns with executive orders issued by the Trump Administration as well as other federal deregulation efforts, including actions spearheaded by the Department of Government Efficiency. Although the ultimate scope of the FCC’s regulatory makeover remains to be seen, this proceeding provides a rare, broad opportunity for industry and other stakeholders to identify agency rules/guidance in need of reform or elimination. Comments are due by April 11, 2025, with reply comments due by April 28, 2025.
The FCC has wide authority to review its rules/guidance and eliminate unnecessary requirements that may create barriers to the deployment, expansion, competition, and development of regulated services. However, Chairman Carr’s announcement marks a departure from normal agency practice, where regulatory reviews usually start with a Notice of Proposed Rulemaking voted on by the FCC Commissioners that focuses on a particular policy area or set of regulations. By contrast, the FCC’s latest action does not identify any particular Commission vote or specific requirement proposed for the chopping block, allowing commenters to target any “unnecessary regulatory burdens.” While the FCC will consider all grounds justifying reform or elimination of its rules/guidance, it encouraged commenters to highlight the following policy factors:
- Cost-benefit considerations, including where the original adoption of rules/guidance did not include a proper cost-benefit analysis or where the initial cost-benefit analysis was highly uncertain.
- Experience gained from implementation, including where implementation of rules/guidance has proven to be particularly complex or resulted in significant compliance issues necessitating repeated FCC waivers. The FCC is also interested in rules/guidance that have led to particular harms for certain entities, such as entrepreneurs and small businesses.
- Marketplace and technological changes, including where rules/guidance concern outdated services or equipment and associated reporting requirements.
- Regulation as barrier to entry, including where rules/guidance impose unequal costs on large and small businesses or where they unfairly disadvantage American-owned businesses.
- Changes in the broader regulatory context, including where other FCC regulations, federal requirements, or state/local laws have rendered existing rules/guidance unnecessary. The FCC asks specifically for input on whether adoption of industry standards, best practices, or other self-regulatory efforts have diminished the need for certain rules/guidance.
- Changes in, or other implications of, the governing legal framework, including where rules/guidance are no longer supported by current federal law or present constitutional concerns. The FCC notes that the Supreme Court’s recent Loper Bright decision eliminating Chevron deference severely curtailed court deference to federal agency statutory interpretations, and the FCC thus directs commenters to provide their own “best reading” of relevant laws for consideration.
- Other considerations, including where rules/guidance are no longer in effect but still appear in federal law, as well as instances where the FCC previously committed to sunset or review certain rules/guidance but has failed to do so to date.
To view the FCC Public Notice, click here.
