Free Press Calls a Process Foul on FCC Chairman Carr's Latest Attempt to Do Anything and Everything to Please Trump
WASHINGTON — On Monday, Free Press warned the Federal Communications Commission against committing any “process fouls” in its drive to eliminate decades of consumer protections and other rules designed to ensure that major broadcast and telecommunications companies act in the legitimate public interest.
In a reply comment in the agency’s so-called “Delete, Delete, Delete” proceeding, Free Press opposed several of the regulatory rollbacks that prominent media companies and industry groups called for in the initial phases of the proceeding. These include proposals to get rid of broadcast-ownership caps, stop the collection of workforce Equal Employment Opportunity information from licensed broadcasters, reclassify broadband internet service to weaken FCC authority over it, narrow or remove FCC digital discrimination rules required by Congress, reduce broadband nutrition-label requirements and eliminate truth-in-billing rules.
Free Press also explained that the agency should open separate and substantive discussions on the merits before taking any important actions. “[T]he changes proposed by commenters require notice and comment,” Free Press states in its filing. Free Press adds that the Administrative Procedure Act (APA) obligates the FCC to take a number of important steps: to give notice of any proposed rulemakings, to provide some detail of the proposed change and to allow interested parties an opportunity to submit related comments that the agency must consider and respond to.
In its filing, Free Press notes that “The Public Notice [for the “Delete, Delete, Delete” proceeding], which the Commission did not adopt by vote and which FCC staff did not adopt under identified delegated authority, would not suffice as notice of any proposed change.”
Free Press Legal Director Yanni Chen said:
“The ‘Delete’ proceeding is simply FCC Chairman Carr’s latest fishing expedition to demonstrate his obedience to President Trump and his myriad executive orders. Any action taken in response to the hodgepodge of industry proposals would require the agency to fully comply with the Administrative Procedure Act and FCC rules by providing proper notice and opportunity to comment on such proposed changes.
“This rushed process shows Carr is intent on making an end-run around long-established rules, all to deliver more political favors to a president for whom legal procedures mean nothing. Carr’s brazen support for Trump’s dangerous deregulatory push is little more than an attempt to roll back essential consumer safeguards for industry’s convenience. And indeed, leading media and telecom companies and their trade groups have fallen over themselves to provide Carr with wishlists on virtually anything and everything under FCC jurisdiction, requesting shortcuts at the cost of consumer protections. The agency would be committing a severe process foul should it take action on any of these proposals without following APA guidelines. This docket is simply not the place to put any of those proposals in motion.”