FCC Efforts on Biennial Review Come Up Short, Pai Says

a public notice released Thursday in docket 16-149. “Submissions should identify with as much specificity as possible the rule or rules that the commenting party believes should be modified or repealed, and explain why and how the rule or rules should be modified or repealed.” Commissioner Ajit Pai said he’s not impressed with the FCC’s version of a review. “This is a time of widespread dissatisfaction with and distrust of government,” Pai said in an accompanying statement. “Many Americans perceive that government agencies don’t bother following the law or, at best, make a half-hearted attempt to comply.” The agency shares some of the responsibility, he said. The commission treats the law the same way “the Dude” handles bowling taunts in The Big Lebowski, Pai said: “Yeah, well, you know, that’s just, like, your opinion, man.” Section 11 is a “simple and powerful tool for scrubbing outdated regulations from our books and promoting private sector innovation and investment,” Pai said. “In a sense, it ties the Communications Act together. Or at least could be, if the FCC took this task seriously.” Two years ago, the agency “simply ignored this duty entirely," he said. “This time around, it promises a few desultory efforts at paging through the Code of Federal Regulations -- efforts certain to result in many staff hours being wasted and nothing meaningful being done.” Commissioner Mike O’Rielly said he wants a thorough review. “Every rock should be turned over and every rule should be thoroughly reviewed to generate the best Section 11 NPRM ever imagined,” he said. “With hundreds of applicable pages in the Code of Federal Regulations, there is much material to review and likely a good portion that can be eliminated given the vast changes in the communications marketplace since the 2012 review. We owe the American people, and their duly elected representatives, nothing less.” Comments are due Dec. 5, replies Jan. 3.