ICLE’s Comments, Comments, Comments Re: Delete, Delete, Delete
For too long, the Federal Communications Commission (FCC) has operated under a regulatory framework rooted in the Communications Act of 1934, written in an era when rotary phones and radio broadcasts dominated. This simply doesn’t cut it in 2025.
The communications world of today bears little resemblance to that of 1994, much less 1934. The rise of the internet, mobile broadband, streaming services, and countless digital platforms has shattered the old silos of regulation. Yet we still have regulatory frameworks that treat essentially identical functions differently based on outdated technological distinctions.
A prime example is the ongoing saga of Title I light-touch regulation versus Title II heavy-handed regulation. For nearly a century, traditional telephone services have faced stringent common-carrier obligations under Title II, while broadband internet operates under the more flexible Title I framework. This disparity persists even though landline usage has plummeted, and most voice communication now happens over the internet. The success of broadband under Title I—marked by significant improvements in speed, availability, and competition since the early 2000s—clearly indicates the benefits of a lighter regulatory touch.
With its “Delete, Delete, Delete” initiative, the FCC is finally asking the question the agency should have asked years ago: What rules, regulations, and guidance documents are no longer necessary and are, instead, stifling innovation and harming consumers?
In comments submitted to the FCC, my colleagues and I at the International Center for Law & Economics (ICLE) provide an initial roadmap for this much-needed deregulation. ICLE’s core argument is straightforward: the digital revolution has fundamentally reshaped the communications landscape, making many legacy regulations not only obsolete, but actively detrimental to competition and consumer welfare.