The Federal Communications Commission’s Republican chairman is eliminating regulations at breakneck speed by using a process that cuts dozens of rules at a time while giving the public only 10 or 20 days to review each proposal and submit objections.
Chairman Brendan Carr started his “Delete, Delete, Delete” rule-cutting initiative in March and later announced he’d be using the Direct Final Rule (DFR) mechanism to eliminate regulations without a full public-comment period. Direct Final Rule is just one of several mechanisms the FCC is using in the Delete, Delete, Delete initiative. But despite the seeming obscurity of regulations deleted under Direct Final Rule so far, many observers are concerned that the process could easily be abused to eliminate more significant rules that protect consumers.
On July 24, the FCC removed what it called “11 outdated and useless rule provisions” related to telegraphs, rabbit-ear broadcast receivers, and phone booths. The FCC said the 11 provisions consist of “39 regulatory burdens, 7,194 words, and 16 pages.”
The FCC eliminated these rules without the “prior notice and comment” period typically used to comply with the US Administrative Procedure Act (APA), with the FCC finding that it had “good cause” to skip that step. The FCC said it would allow comment for 10 days and that rule eliminations would take effect automatically after the 10-day period unless the FCC concluded that it received “significant adverse comments.”
On August 7, the FCC again used Direct Final Rule to eliminate 98 rules and requirements imposed on broadcasters. This time, the FCC allowed 20 days for comment. But it maintained its stance that the rules would be deleted automatically at the end of the period if no “significant” comments were received.
By contrast, FCC rulemakings usually allow 30 days for initial comments and another 15 days for reply comments. The FCC then considers the comments, responds to the major issues raised, and drafts a final proposal that is put up for a commission vote. This process, which takes months and gives both the public and commissioners more opportunity to consider the changes, can apply both to the creation of new rules and the elimination of existing ones.
