President Donald Trump’s executive order putting independent regulatory agencies under greater White House control (see 2502190075) should result in stronger regulatory analysis by those agencies and better evidence supporting their arguments, said George Washington University Regulatory Studies Center Director Susan Dudley. Speaking Wednesday at an administrative law panel discussion by the University of Pennsylvania’s Penn Program of Regulation, Dudley said the order also should lead to those independent agencies better coordinating their work across the government.
The FCC’s “In Re: Delete Delete Delete” proceeding could draw a huge number of response filings and is expected to require numerous subsequent rulemakings to lead to actual changes, said industry officials and academics. “Every single regulated entity will sit on Santa's lap and ask for presents,” said TechFreedom Senior Counsel Jim Dunstan. “It will take months just to sift through all the asks and determine how to proceed.”
The FCC is calling for suggestions on which of its rules should be eliminated in a docket (25-133) called “In re: Delete, Delete, Delete,” the agency announced in a news release and public notice Wednesday. “The FCC is committed to ending all of the rules and regulations that are no longer necessary. And we welcome the public’s participation and feedback throughout this process,” said Chairman Brendan Carr in the release. “For too long, administrative agencies have added new regulatory requirements in excess of their authority or kept lawful regulations in place long after their shelf life had expired.” The effort is linked to White House executive orders on deregulation and the Department of Government Efficiency, the release said. “We are seeking public input on identifying FCC rules for the purpose of alleviating unnecessary regulatory burdens,” the public notice said.
The National Consumer Law Center and Public Justice made their case Monday with the 11th U.S. Circuit Court of Appeals for an en banc hearing of the court’s decision on a 2023 FCC robocall and robotext order (see 2501240068). Intervenors sought permission to intervene when it became clear the U.S. government wouldn't defend the order (see 2502200004). A key issue before judges was the one-to-one robotext consent provisions in the 2023 order.
FCC Chairman Brendan Carr said Thursday that staffing changes are coming to the FCC and that Elon Musk’s Department of Government Efficiency is likely headed to the agency. Democratic Commissioner Anna Gomez warned about the Donald Trump administration’s continuing moves against the federal workforce. Commissioners agreed on three wireless items (see 2502270042) and Calm Act rules at the meeting, as well as taking additional steps on robocalls.
An FCC advisory opinion on Section 230 of the Communications Decency Act would be “a fool's errand” and should be “DOA,” Commissioner Anna Gomez said Sunday in a thread on X responding to a New York Post report that FCC Chairman Brendan Carr is planning to act on 230 soon. “The FCC should not be in the business of controlling online speech,” Gomez said. “Congress and the courts must quickly step in to stop this unlawful power grab.”
Lawyers who made the recent arguments at the U.S. Supreme Court in McLaughlin Chiropractic Associates v. McKesson agreed that the case will likely turn on the views of Chief Justice John Roberts and Justice Amy Coney Barrett. Morrison Foerster’s Joseph Palmore, who represented McKesson, and Gupta Wessler’s Matthew Wessler, representing McLaughlin, spoke during an FCBA continuing legal education event Wednesday.
Securus urged the 1st U.S. Circuit Court of Appeals to transfer to the 5th Circuit the company’s challenge of the FCC’s July order implementing the Martha Wright-Reed Act of 2022, which reduces call rates for people in prisons while establishing interim rate caps for video calls (see 2407180039). Securus and various states disagreed sharply with public interest groups about whether the rates set were too low or potentially too high.
The FCC gave proper notice that the 2024 foreign-sponsored content rules could apply to noncandidate political advertising and public service announcements, the agency said in a brief Friday filed in docket 24-1296 at the U.S. Court of Appeals for the D.C. Circuit. It also said Congress authorized the requirement that stations obtain certifications that their air time isn’t being leased by foreign governments. The law gives the FCC the power to require broadcasters to use “reasonable” diligence to determine the sponsor of an ad or lease, the agency said, citing the U.S. Supreme Court’s Loper Bright v. Raimondo decision striking down Chevron deference. “The use of the term ‘reasonable’ means Congress ‘authorized’ the agency ‘to exercise a degree of discretion’ in determining the diligence required,” the FCC said.
The Government Wireless Technology & Communications Association (GWTCA) and state departments of transportation in Utah and Washington defended their motion for a partial stay of an FCC requirement that current 4.9 GHz licensees provide the agency with granular licensing data not later than June 9 or face cancelation of their licenses (see 2412230048). They responded to the Public Safety Spectrum Alliance, which opposed the request (see 2412310023). PSSA, which supports giving the FirstNet Authority effective control of the band, said proponents of a stay didn’t meet FCC requirements for granting one.