- The FCC is seeking public comment on how it can cut down regulations in the telecommunications industry
- Chairman Brendan Carr has talked plenty about addressing obstacles in broadband infrastructure permitting
- But Carr’s actions of late seem to be broadening the FCC’s regulatory scope instead of shrinking it, argued analyst Blair Levin
It’s official – the Federal Communications Commission’s (FCC’s) crackdown on telecom regulations is in full swing.
The agency asked for the public’s help on Wednesday in identifying FCC rules that are ripe for repeal and would help it “alleviat[e] unnecessary regulatory burdens” for the companies it oversees.
Specifically, “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 agency said in a press release.
This move is hardly surprising, given FCC Chair Brendan Carr has talked plenty about his intent to cut down the regulatory red tape surrounding broadband infrastructure. In the chapter of Project 2025 that he authored, Carr noted the FCC hasn’t undertaken any major infrastructure reforms since 2016, when the Commission streamlined the process for building small cell sites for 5G deployments (though it did set a time limit for wireless permitting in 2020).
“The FCC should now explore similar action for the deployment of other wired infrastructure by imposing limits on the fees that local and state governments can charge for reviewing those wireline applications and time restrictions on the government’s decision-making process,” Carr wrote.
So, what can we expect? Everyone, of course, is likely to act in their self interest and accordingly New Street Research’s Blair Levin said, with a grin, that he expects “there will be a lot of filings supporting deregulating robocalls, out of band emissions, equipment certification, must carry requirements, 911 requirements, and content regulation like the network distortion rule.”
But while removing certain rules could end up being “wise policy,” Levin noted that the move to deregulate runs counter to Carr’s other actions as chair to date. (See his investigation of Comcast’s DEI program and YouTube’s carriage policies, for instance.)
“When looking at various letters he has written to companies since the election, he appears to be broadening the scope of FCC regulation, rather than shrinking it,” Levin said.
Chevron rears its head
Among other things, the FCC’s announcement notably mentioned recent changes in the broader regulatory context, like the Supreme Court’s decision last year to overturn the Chevron doctrine. That move, the FCC argued, “could demonstrate that particular Commission rules are unnecessary or inappropriate.”
Essentially, the Supreme Court ruled federal agencies don’t have the final authority to make a decision in cases where there is “a major question” of national policy; Congress does.
The ruling, along with the FCC’s move to combat regulation, could perhaps impact the fate of the Universal Service Fund (USF). The Supreme Court will decide whether the funding mechanism for USF is unconstitutional or not sometime this summer. You can read more about the ongoing questions surrounding the USF’s fate here.
