Last week, the FCC issued a public notice seeking comment on deregulating many of its rules. This effort includes all FCC rules, including those that apply to broadcasters. The public notice was issued in conformance with President Trump's Executive order that Federal Agencies should seek to unwind unnecessary regulations:
"By this Public Notice, the Federal Communications Commission (Commission or FCC) is taking action to promote the policies outlined by President Trump in those Executive Orders. Specifically, we are seeking public input on identifying FCC rules for the purpose of alleviating unnecessary regulatory burdens. 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."
Initially, the FCC was seeking comments that analyze its rules according to the following criteria:
Cost-benefit considerations.
Experience gained from the implementation of the rule.
Regulation as a barrier to entry.
Changes in the broader regulatory context.
Changes in, or other implications of, the governing legal framework.
Marketplace and technological changes.
Many broadcast rules need to be examined. The FCC’s ownership rules for both radio and TV can certainly be updated. They were adopted prior to competition for digital services, and the marketplace has fundamentally changed. In addition, broadcasters are subject to various forms of content regulation and other regulations that do not apply to other media services.
It is important to recognize, however, that the FCC cannot deregulate rules that are required by congressional statute. For example, access by federal candidates is required by Section 317 of the Communications Act, along with the obligation to provide opposing candidates with equal opportunities (Section 315). Moreover, we would be concerned if the FCC began authorizing entities to use radio and TV spectrum without a license.
Overall, we strongly support the FCC’s efforts to modernize and deregulate unnecessary broadcast regulations. We look forward to working with the FCC and Congress on this important mission.
You can access the FCC’s Public Notice here.