The FCC seeks to identify additional regulations ripe for retrospective...
The FCC seeks to identify additional regulations ripe for retrospective analysis, the agency said in its final plan for retrospective analysis of existing rules, released Friday. The commission seeks to review Section 11 of the Communications Act, the regulatory flexibility…
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rules, broadcast ownership rules, paperwork reduction and forbearance request rules, it said. Other retrospective reviews are related to issues like USF, broadcast TV spectrum, the emergency alert system, digital encryption, outage reporting requirements, wireless E-911 location accuracy and 700 MHz interoperability. The FCC also seeks to identify rules that may have a disproportionate or undue impact on certain entities, including regulations involving foreign ownership, pole attachment and antenna structures. The agency would also consider whether a regulation has been subject to frequent requests for waivers or been identified as needing revision. Other factors the FCC may consider include the need to eliminate overlapping or duplicative regulations, the need to eliminate conflicts or inconsistencies with other rules and the need to simplify or clarify regulatory language. Commissioner Ajit Pai said that in light of the importance of the analysis, the 2012 biennial review should take the form of commission-level action rather than bureau-level recommendations. Section 11 of the Communications Act requires the commission to review every two years all regulations that apply to the operations or activities of service providers and determine whether those regulations are “no longer necessary in the public interest as the result of meaningful economic competition between providers of such service,” he said. Following the review, the agency is then required “to repeal or modify any regulation it determines to be no longer necessary in the public interest,” he said. “Releasing the Final Plan for Retrospective Reform is a result of the hard work of our staff, and affirms the agency’s extensive efforts to eliminate unnecessary regulations,” Chairman Julius Genachowski said. “The FCC continues to make strong progress toward our goal of being a model of excellence in government."