On July 25, 2025, the FCC released a Direct Final Rule in furtherance of the Delete, Delete, Delete proceeding, repealing outdated or obsolete regulations, reducing unnecessary regulatory burdens, promoting modernization of networks and infrastructure, and spurring innovation.
In connection with the Direct Final Rule, the FCC:
1. Proposes to repeal 18 specific rule provisions under the above process that:
- Govern obsolete technologies:
- Closed-captioning regulations for analog television broadcast receivers.
- Reflect outdated marketplace conditions:
- Rules about public toll stations (telephone booths and payphones).
- Provisions addressing calling card accounting and equal access for long-distance carriers.
- Refer to expired deadlines:
- Cost-sharing obligations for spectrum auctions that expired in 2005.
- Contain repealed obligations:
- Telegraph regulations repealed 14 years ago.
2. Tentatively concludes that prior notice and comment is “unnecessary” under the APA to repeal these rules, but nevertheless is voluntarily providing a short public comment period. If the item is adopted, comments will be due 10 days after Federal Register publication. If no significant adverse comments are filed within 10 days of Federal Register publication, the rules will automatically be repealed 60 days from the original Federal Register publication of such rules. If significant and adverse comments are received (in the FCC’s discretion), the changes will be paused pending appropriate additional action.
3. Clarifies that all Bureaus and Offices have authority to use this streamlined “Direct Final Rule” process for future deregulatory actions.
The following notable changes were made from the draft item:
- ¶ 2, fn. 2 – The FCC rejected commenters’ “unwarranted concerns” that direct final rule procedures will be employed by the Commission outside scenarios where prior notice and comment is unnecessary under the Administrative Procedure Act (APA).
- ¶ 4 – The FCC amended its original identification of 18 rule provisions and instead identified 11 rule provisions to be repealed.
- ¶ 5, fn. 11 – The FCC rejected claims that its actions are an attempt to evade the APA or disregard the importance of notice-and-comment rulemaking. The FCC noted that despite its codified procedures, there is no legal requirement to adopt rules before utilizing processes permitted under the APA and the Communications Act.
- ¶ 6, fn. 13 – The FCC declined to adopt a longer comment period, stating that under the APA’s good cause exception, it could have proceeded without any comment period. The FCC clarified that it chose to use direct final rule procedures and found that a longer comment period would be unwarranted, given the limited scope of rules and the demonstrated awareness of the proposed changes among interested parties.
- ¶ 8-9, fns. 18-20 – The FCC disagreed with the notion that it cannot re-evaluate procedural options after withdrawing a rule change due to adverse comments and asserted that withdrawing a direct final rule should not preclude it from using other available procedures, including a new direct final rule or notice-and-comment rulemaking. Further, the FCC rejected calls to delay the effective date of the rule changes simply because it does not intend to publish a confirmation notice.
The Direct Final Rule was adopted at the July Open Meeting.
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