Regulatory body, FCC, eliminates 11 "outdated and impotent regulations"
FCC Streamlines Broadband Deployment and AWS-3 Spectrum Auction Rules, Raising Procedural Concerns
The Federal Communications Commission (FCC) held its July open meeting, during which several significant decisions were made. The commission approved updates to its pole attachment rules to facilitate the deployment of broadband networks, and passed a direct final rule to remove outdated regulations.
However, the commission's approach to rule removal has raised concerns from Commissioner Anna Gomez. The FCC's "Delete, Delete, Delete" docket, as it has been dubbed, employs a direct final rule process, which deletes obsolete regulations after only a short 10-day comment period, bypassing the traditional public comment process.
Gomez's dissent centres on this expedited procedure, which she believes circumvents the public's meaningful opportunity to participate in the rule removal process. She argues that this approach risks insufficient public input and transparency, especially given the complexity and potential consequences of removing long-standing regulatory obligations.
Gomez also suggests that removing rules without thorough public scrutiny may harm regulatory certainty and democratic accountability at the FCC. She values a careful, inclusive, and transparent rulemaking process over the FCC’s push for rapid deregulation in this docket.
The AWS-3 spectrum auction, which includes the bands 1695-1710 MHz, 1755-1780 MHz, and 2155-2180 MHz, was another focus of the meeting. The commission voted to update competitive bidding rules for this auction.
Additionally, the FCC approved rules requiring wireless providers to route 988 text messages to local crisis centers based on general geographic location. All six proposed initiatives were passed during the meeting.
Existing rules deemed as "outdated and useless" by Chairman Brendan Carr were also removed. The commission also approved a notice for proposed rulemaking to modernize slamming and truth-in-billing rules.
Only three commissioners were present at the meeting: Chairman Carr, Republican Olivia Trusty, and Democratic commissioner Anna Gomez. Gomez questioned the significance of the number of reductions cited.
The D.C.-based nonprofit Public Knowledge expressed objections to the direct final rule, stating it creates a dangerous path for the FCC to gut rules deemed obsolete, unlawful, anticompetitive, or no longer in the public interest.
Commissioner Gomez, while approving the update to the bidding rules for the AWS-3 spectrum auction, expressed interest in ensuring Tribes have a fair opportunity to secure spectrum rights.
[1] Source: Ars Technica [2] Source: Multichannel News
- Given the concerns raised by Commissioner Gomez, the elimination of outdated regulations through the "Delete, Delete, Delete" docket could potentially impact policy-and-legislation related to technology and politics, as this approach may be perceived as bypassing the traditional public comment process and reducing transparency.
- In relation to the AWS-3 spectrum auction, while Commissioner Gomez approved the update to the bidding rules, she expressed interest in ensuring that policy regarding radio, such as the allocation of spectrum rights, is fair and inclusive, particularly for Tribes.
- The removal of rules deemed as "outdated and useless" by Chairman Carr, and the modernization of slamming and truth-in-billing rules, could have broader implications for general-news, as these changes may affect the broader dissemination of broadcast and broadband services.
