Carr Debuts 'Delete Delete Delete' Deregulation Docket

The effort is linked to White House executive orders on deregulation, the release said. The notice cited EO 14192, Unleashing Prosperity Through Deregulation, which calls for federal agencies to identify 10 regulations to be repealed for every one they create. It also cited EO 1419, Implementing the President’s ‘Department of Government Efficiency’ Cost Efficiency Initiative, which requires agency heads to review and limit contracts and grants, among other measures. “This new proceeding will assist the FCC in carrying out the policies that President Trump included in certain Executive Orders,” the release said. Comments are due April 11, replies April 28, the notice said.

Carr’s "Delete" effort appears similar to the media modernization program (see 1709070056) of former FCC Chairman Ajit Pai -- who was named CEO of CTIA on Wednesday (see 2503120036) -- that targeted outdated media rules. Carr “has the right approach” in “modernizing the FCC's policy framework to ensure that rules promote, rather than inhibit, investment and innovation,” Pai said in an email. “And he's wisely soliciting input from all Americans. I applaud his goal of revising outdated or excessive regulations to match today's marketplace realities."

The public notice “seeks comment on every rule, regulation, or guidance document that the FCC should eliminate for the purposes of alleviating unnecessary regulatory burdens,” the release said. While it calls for broad comments on deregulation, the notice directs commenters to specifically consider “policy factors” such as cost-benefit considerations and marketplace or technology changes. “Are there existing Commission rules for which the costs exceed the benefits?” it asked. “Are there rules that, if eliminated or modified, could result in greater benefits relative to the associated costs of the new regulatory framework?” The notice also seeks comment on whether FCC rules “unfairly disadvantage American-owned businesses” or impose costs unequally on large and small businesses.

In addition, it seeks input on rules where experience gained from implementation suggests that the rule is unnecessary. “Has the rule proven not to advance FCC policy objectives in the manner, or to the degree, originally anticipated?”

The item also seeks comments on rules that may be ripe for elimination because the “governing legal framework” has changed, specifically pointing to the end of Chevron deference and the possibility that some FCC rules may now be unconstitutional. Moreover, it seeks “comment on whether constitutional concerns provide a basis for repealing any existing FCC rules or should inform the Commission’s approach to implementing or enforcing particular statutory provisions.”

Several industry trade groups released statements about the “Delete” effort, hinting at rules they might target. “Removing unnecessary roadblocks will help speed wireless deployments that will benefit U.S. consumers across the country,” said CTIA Senior Vice President-Regulatory Affairs Scott Bergman. ACA Connects CEO Grant Spellmeyer posted on X, “We look forward to engaging with Chairman @BrendanCarrFCC on this effort to lift burdens on small, rural providers and give them longterm certainty to invest in their networks." A spokesperson for NAB said "outdated” broadcast ownership rules, such as the national TV ownership cap and the local radio and TV station limits, “must be reformed as soon as possible.”

NTCA CEO Shirley Bloomfield said in a release: “It’s important that this effort be undertaken carefully to realize the benefits of such [an] examination without creating unintended consequences for FCC policies and priorities, but the Public Notice provides a useful catalyst for such a thoughtful conversation.” Free State Foundation President Randolph May said he’s “optimistic” that the deregulatory effort “will bear fruit in eliminating hundreds of existing regulations that no longer should be on the books and that actually inhibit new entrants from competing.”