FOLLOW US

The Federal Communications Commission (FCC) announced plans this month to vote on a new fast-track procedure aimed at removing outdated regulations more efficiently, without the need for the traditional public notice and comment process.

In a draft rule released on Thursday, the FCC proposes eliminating an initial set of 18 obsolete regulations. The agency also seeks to empower FCC staff with delegated authority to use this streamlined direct final rule process in the future, provided actions comply with the Administrative Procedure Act (APA).

This direct final rule approach allows the FCC to act swiftly in repealing regulations that no longer serve the public interest, bypassing the usual lengthy rulemaking procedures. Citing a 2001 D.C. Circuit decision (Utility Solid Waste Activities Group v. EPA), the FCC emphasizes its authority to remove rules that are “impracticable, unnecessary, or contrary to the public interest” without prior notice and comment when such rules have minimal impact on industry and the public.

FCC Chair Brendan Carr, who launched the "Delete, Delete, Delete" initiative earlier this year, is leading the effort to simplify the removal of outdated regulations. The proposed repeal mainly targets legacy regulations governing common carriers, including several cable rate rules that the FCC describes as obsolete due to technological advancements and changing marketplace conditions.

“The provisions set for repeal plainly do not serve the public interest any longer because they govern obsolete technology, outdated marketplace conditions, expired deadlines, or repealed legal obligations,” the FCC stated in an accompanying fact sheet.

If approved, the new rule would automatically repeal identified regulations absent any significant adverse comments, while still providing an opportunity for public input on the agency’s assessment.

Additionally, the proposal clarifies that FCC bureaus and offices can utilize this fast-track procedure in other cases where prior notice and comment are deemed unnecessary, allowing for efficient regulatory updates without requiring a full commission vote.

The FCC underscores its commitment to proceed with transparency and at the full commission level for the initial set of repeals planned for July, reflecting a history of eliminating outdated or unwarranted regulations.

The FCC is currently controlled by a narrow Republican majority, with one-vote margin following Commissioner Olivia Trusty’s recent appointment. Representatives for Democratic Commissioner Anna Gomez were unavailable for comment.