Yesterday, TechFreedom filed reply comments in response to the Federal Communications Commission’s (FCC) Public Notice seeking input to identify unnecessary regulatory burdens—also known as the “Delete, Delete, Delete” Docket. TechFreedom supports the Commission’s goal of efficiency and modernization of outdated regulations. To that end, however, we caution the Commission to solicit public comments before deleting rules, as required by the Administrative Procedure Act (APA).

“The APA is bedrock administrative law that the Commission is required to follow,” said Andy Jung, TechFeeedom’s Associate Counsel. “When the FCC wants to make substantive changes to existing regulations—by deleting them, for instance—it must follow the APA’s rulemaking procedures, including a notice-and-comment period. Deletion is not straightforward and simple: it constitutes a change in regulation and public policy, and the Commission must allow the public to weigh in.”

“Public comments are especially important given the limited deference the agency will receive after Loper Bright—likely under Skidmore,” continued Jung. “The Commission risks lengthy and expensive fights over deleted regulations if it fails to take comments. Under Skidmore, deleting a rule—i.e., flip-flopping one-hundred-eighty degrees on a regulatory policy—demonstrates inconsistency and decreases the likelihood that courts will defer to the Commission’s rulemaking decisions.”

“Public notice and comment periods will be even more vital if the FCC loses its minority commissioners,” Jung concluded. “President Trump has already fired minority commissioners from the Federal Trade Commission, and he claims the power to do the same to FCC commissioners. Commissioner Anna Gomez will soon be the only minority party voice left. If Trump removes her, further proceedings will take place without robust debate among commissioners. Public comments cannot take the place of dissenting minority commissioners, but they can at least encourage careful consideration based on the most complete record possible.”

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Find these reply comments and our previous comments, and this release on our website, and share them on Twitter, Bluesky, and LinkedIn. We can be reached for comment at media@techfreedom.org. Read our related work, including:

About TechFreedom:

TechFreedom is a nonprofit, nonpartisan technology policy think tank. We work to chart a path forward for policymakers towards a bright future where technology enhances freedom, and freedom enhances technology.

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