Comments to the Federal Communications Commission on deregulatory priorities

1. 

   
   FCC's Deregulation Push: Which Rules Could Be on the Chopping Block?

   April 18, 2025

   The Federal Communications Commission (FCC) is moving forward with its ambitious deregulation initiative after receiving public comments on which telecommunications rules should be eliminated. The FCC's "Delete, Delete, Delete" docket (GN Docket No. 25-133), opened on March 12, 2025, solicited public input on identifying "unnecessary regulatory burdens" that could be eliminated to promote investment, development, and innovation in the telecommunications sector. The comment period closed on April 11, with reply comments due by April 28, 2025.

   Industry watchers and regulatory experts suggest that several high-profile FCC rules could be targeted for elimination or significant modification, with the most controversial likely to include net neutrality regulations, media ownership rules, and consumer privacy requirements.

   Net Neutrality at Risk Again

   Net neutrality has become the regulatory football of telecommunications policy, changing with each administration. In January 2025, the Sixth Circuit Court of Appeals struck down the FCC's attempt to reinstate net neutrality rules, citing the Supreme Court's 2024 decision in Loper Bright that overturned the Chevron deference doctrine.

   "With the court decision effectively removing the FCC's authority to classify broadband as a Title II service, net neutrality opponents now have a judicial precedent to push for permanent elimination of these regulations," said Eleanor Chambers, telecommunications policy analyst at Digital Rights Coalition. "The recent notice gives them another opportunity to make that case."

   Current FCC Commissioner Brendan Carr, who is expected to become chairman under the Trump administration, has been a vocal opponent of net neutrality rules. In January, Carr celebrated the appellate court's decision to nullify what he called "Biden's Internet power grab."

   Media Ownership Rules Under Scrutiny

   Media ownership rules, some dating back to the 1970s, are also likely targets for elimination. The FCC currently limits the number of broadcast stations an entity can own in a single market and restricts cross-ownership between newspapers and broadcast outlets.

   "These rules were created for a media landscape that no longer exists," said Michael Hanson, professor of telecommunications law at Georgetown University. "In today's digital environment, with thousands of online news sources and streaming services, the argument that these rules protect media diversity has weakened considerably."

   The FCC's current "duopoly rule," which restricts a single entity from owning multiple television stations in the same market unless specific conditions are met, might be a prime candidate for elimination. Critics of the rule argue that allowing more consolidation could help struggling local media outlets survive in the digital age.

   Consumer Privacy Regulations

   Privacy regulations for Internet Service Providers (ISPs) represent another controversial area. In 2016, the FCC established rules requiring ISPs to obtain opt-in consent before using or sharing sensitive consumer information. Those rules were later repealed during the first Trump administration.

   "Privacy regulations for ISPs create an uneven playing field," said Jonathan Weiss, executive director of the Free Market Telecommunications Institute. "While broadband providers face restrictions, tech companies that collect vastly more consumer data operate under different rules enforced by the FTC."

   Proponents of privacy regulations counter that ISPs occupy a unique position as gatekeepers to internet access. "ISPs have visibility into almost everything consumers do online," said Rebecca Torrence of the Consumer Privacy Center. "Their capacity to collect and monetize user data without meaningful consent poses significant privacy risks."

   Section 230 Interpretation

   Though not explicitly an FCC rule, the interpretation of Section 230 of the Communications Act might also be addressed. This provision shields online platforms from liability for user-generated content and has been a focus of political debate.

   In 2020, the FCC under Trump considered clarifying Section 230's meaning, but no formal rules were established. With the elimination of Chevron deference, any attempt by the FCC to interpret Section 230 would face significant legal hurdles, experts note.

   Industry Reaction

   Telecommunications industry representatives have generally welcomed the FCC's deregulatory initiative. The American Communications Association released a statement supporting the review, arguing that "outdated regulations impose unnecessary costs that ultimately harm consumers through higher prices and reduced investment."

   Consumer advocacy groups, however, expressed concern. "Eliminating these regulations risks creating a telecommunications wild west where corporations hold all the cards and consumers have little protection," said Consumer Union spokesperson Maria Rodriguez.

   Industry and Public Response

   The FCC's "Delete, Delete, Delete" docket has attracted significant attention from industry groups, consumer advocates, and the public. The Foundation for Individual Rights and Expression (FIRE) submitted comments urging the Commission to "update its policies to reflect both its commitment to the First Amendment and a modern understanding of the communications environment." FIRE specifically called for the agency to reconsider certain broadcast content regulations.

   The U.S. Chamber of Commerce also submitted comments, praising the FCC for steps already taken to "withdraw harmful Biden-era regulations" and highlighting the importance of "right-sizing regulations" for promoting economic growth. The Chamber's comments particularly focused on streamlining satellite licensing processes and reconsidering data caps proposals.

   Individual commenters also participated, with amateur radio operators expressing concerns about potential deregulation of Part 97 rules that govern amateur radio services. These commenters emphasized the importance of maintaining regulations that preserve amateur radio's role in emergency communications and as a training ground for professional operators.

   Although the FCC has not yet published an official count of the comments received, various telecommunications and technology companies, public interest groups, and individuals have weighed in on the proceeding, highlighting divergent views on which regulations should be maintained and which should be eliminated.

   What's Next

   With the initial comment period now closed, interested parties have until April 28, 2025, to submit reply comments responding to the initial filings. Analysts anticipate that the FCC will use the record compiled through this process to develop specific deregulatory proposals through notice-and-comment rulemakings later this year.

   As with previous deregulatory efforts, legal challenges are virtually certain, especially given the recent changes in administrative law following the Loper Bright decision. Whatever the FCC decides, the courts will likely have the final say in determining which regulations stay and which go.

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   Sources

2. Federal Communications Commission. (2025, March 12). "Public Notice on Identifying FCC Rules for the Purpose of Alleviating Unnecessary Regulatory Burdens." DA 25-219. https://www.fcc.gov/document/public-notice-25-219

3. "Net neutrality in the United States." Wikipedia. Retrieved April 18, 2025. https://en.wikipedia.org/wiki/Net_neutrality_in_the_United_States

4. "Net neutrality is struck down by federal appeals court." NPR, January 4, 2025. https://www.npr.org/2025/01/03/nx-s1-5247840/net-neutrality-fcc-struck

5. "Why the FCC's Net Neutrality Rules Were Struck Down." Perkins Coie, January 2025. https://perkinscoie.com/insights/update/why-fccs-net-neutrality-rules-were-struck-down

6. Federal Communications Commission. "FCC Broadcast Ownership Rules." https://www.fcc.gov/consumers/guides/fccs-review-broadcast-ownership-rules

7. "The FCC's Rules and Policies Regarding Media Ownership, Attribution, and Ownership Diversity." Congressional Research Service. https://www.everycrsreport.com/reports/R43936.html

8. "Protecting Privacy for Broadband Consumers." Federal Communications Commission. https://www.fcc.gov/news-events/blog/2016/10/06/protecting-privacy-broadband-consumers

9. "The FCC's Authority to Interpret Section 230 of the Communications Act." Federal Communications Commission. https://www.fcc.gov/news-events/blog/2020/10/21/fccs-authority-interpret-section-230-communications-act

10. "FCC Opens 'In Re: Delete, Delete, Delete' Docket." Federal Communications Commission, March 12, 2025. https://www.fcc.gov/document/fcc-opens-re-delete-delete-delete-docket

11. "FIRE Comments on FCC 'Delete, Delete, Delete'." The Foundation for Individual Rights and Expression, April 2025. https://www.thefire.org/research-learn/fire-comments-fcc-delete-delete-delete

12. "U.S. Chamber Comments on the FCC's Delete Delete Delete Proceedings." U.S. Chamber of Commerce, April 2025. https://www.uschamber.com/technology/u-s-chamber-comments-on-the-fccs-delete-delete-delete-proceedings

13. "Comment for the FCC regarding deregulation." Personal blog, March 28, 2025. https://calvinrw.com/blog/2025-03-28

14.  Comments to the Federal Communications Commission on deregulatory priorities