Federal Communications Commission (FCC) Chairman Brendan Carr is seeking to eliminate some of the regulatory red tape that has hampered efforts to close the digital divide.
On March 12, Carr released a public notice called “Delete, Delete, Delete,” which seeks public input in identifying FCC rules that are causing unnecessary regulatory burdens. Initial comments are due April 11, with reply comments due April 28.
“We seek comment on deregulatory initiatives that would facilitate and encourage American firms’ investment in modernizing their networks, developing infrastructure, and offering innovative and advanced capabilities,” the notice states.
The Communications Act directs the FCC to regularly review its rules so it can eliminate any ones that are deemed unnecessary. The notice points out that unnecessary rules may “stand in the way of deployment, expansion, competition, and technological innovation in communications that the Commission is directed to advance.”
Carr’s directive notes that President Trump has called on federal agencies to work on deregulation efforts to increase efficiency of services. By the notice, Carr said the FCC is promoting those policies outlined by the president in his executive orders.
“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,” Carr said in a news release announcing the initiative. “This only creates headwinds and slows down our country’s innovators, entrepreneurs, and small businesses. The FCC is committed to ending all of the rules and regulations that are no longer necessary.”
ACA Connects CEO Grant Spellmeyer praised the effort on X, posting that “We look forward to engaging with Chairman Carr on this effort to lift burdens on small, rural providers and give them long-term certainty to invest in their networks.”
Free State Foundation President Randolph May said that he’s optimistic the directive will help eliminate existing rules that inhibit new entrants from competing in the broadband marketplace.
"It’s undeniable that technological developments over the last several decades have enabled marketplace competition that has rendered legacy regulations unnecessary and often burdensome and costly,” he said. “This is not good for consumers or for the American economy.”
The FCC notice points out that technological changes that render a rule unnecessary are among the commonly identified criteria in regulation review that leads to a change in policies. “We therefore broadly seek comment on what existing FCC rules are unnecessary or inappropriate on that basis,” the notice states.
Under this notice, Carr will likely look to reexamine the Biden administration’s digital discrimination rules, which holds service providers accountable for discrimination under the disparate impact standard. This means that providers can be punished for unintentional actions that ultimately lead to discrimination.
The Taxpayers Protection Alliance (TPA) previously called the rules a slippery slope that could unfairly place blame on providers for digital divides. TPA pointed out that a provider could be called to task under the disparate impact standard for not serving a rural area with a mostly nonwhite population. This would be despite that fact that the same scenario often occurs in other rural areas with majority white populations due to the economics of serving low-population areas.
Carr has also indicated an interest in reviewing the validity of rules sustained under what is known as the Chevron deference, the legal doctrine that dictates courts should defer to an agency's reasonable interpretation of an ambiguous statute when the agency is tasked with administering the statute.
Regulatory red tape and unfit rules only stymie efforts to connect Americans to high-speed internet. Carr’s effort to curb some of these regulations should benefit broadband infrastructure growth.
Johnny Kampis is director of telecom policy for the Taxpayers Protection Alliance
