July 3, 2025 FCC FACT SHEET* In re: Delete, Delete, Delete Direct Final Rule – Docket No. 25-133 Background: The Direct Final Rule marks the first step in a bold initiative to modernize the Commission’s regulatory framework and pave the way for the next generation of innovation. The “In re: Delete, Delete, Delete” proceeding launched a sweeping review aimed at eliminating outdated rules, reducing unnecessary regulatory burdens, accelerating infrastructure deployment, promoting network modernization, and spurring innovation. This Direct Final Rule is an important step in following President Trump’s leadership and the Trump Administration’s decision to usher in prosperity through deregulation, as reflected in policies that President Trump included in certain Executive Orders, including Executive Order 14192 titled “Unleashing Prosperity Through Deregulation” and Executive Order 14219 titled “Ensuring Lawful Governance And Implementing The President’s ‘Department Of Government Efficiency’ Deregulatory Initiative.” The Direct Final Rule, if adopted, would advance the process of repealing rules identified as outdated and obsolete, and set the stage for further use of similar procedural tools for further deregulation in the future. What the Direct Final Rule Would Do: • Repeal an initial sampling of 18 rule provisions identified from throughout the agency that plainly do not serve the public interest any longer because they govern obsolete technology, outdated marketplace conditions, expired deadlines, or repealed legal obligations; • Find prior notice and comment “unnecessary” under the Administrative Procedure Act (APA) before repealing these rules, but elect to provide an opportunity for input on that assessment, with the identified rules automatically being repealed absent any significant adverse comments in response to this Direct Final Rule; and • Clarify the delegated authority of FCC Bureaus and Offices to use this direct final rule procedure to eliminate rules in other circumstances where prior notice and comment is unnecessary under the APA. *This document is being released as part of a “permit-but-disclose” proceeding. Any presentations or views on the subject expressed to the Commission or its staff, including by email, must be filed in GN Docket No. 25-133, which may be accessed via the Electronic Comment Filing System (https://www.fcc.gov/ecfs). Before filing, participants should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting. See 47 CFR § 1.1200 et seq. Federal Communications Commission FCC CIRC2507-04 Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) In re: Delete, Delete, Delete ) GN Docket No. 25-133 DIRECT FINAL RULE* Adopted: [] Released: [] Comment Date: (10 days after publication in the Federal Register) By the Commission: I. INTRODUCTION 1. Today marks the next step in a bold initiative to modernize the Commission’s regulatory framework and pave the way for the next generation of innovation. In this proceeding, 1 we have launched a sweeping review aimed at eliminating outdated rules, reducing unnecessary regulatory burdens, accelerating infrastructure deployment, promoting network modernization, and spurring innovation. Our goal is clear: streamline, simplify, and smartly deregulate across multiple fronts simultaneously to better serve the public and support technological progress. 2. We intend to repeal certain rules that we have identified as outdated, obsolete, unlawful, anticompetitive, or otherwise no longer in the public interest. As explained in more detail below, we find prior notice and comment unnecessary before repealing the rules we address today, but elect to provide an opportunity for input on that assessment. Absent any significant adverse comments in response to this Direct Final Rule, these rules will be repealed. II. DISCUSSION 3. Good Cause to Forgo Notice and Comment. Under the Administrative Procedure Act (APA), when an agency for good cause finds that notice and public comment “are impracticable, unnecessary, or contrary to the public interest,” it need not follow notice and comment procedures before modifying or repealing rules. 2 Prior notice and comment are “unnecessary” when “‘the administrative rule is a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public.’” 3 * This document has been circulated for tentative consideration by the Commission at its July 24, 2025 open meeting. The issues referenced in this document and the Commission’s ultimate resolutions of those issues remain under consideration and subject to change. This document does not constitute any official action by the Commission. However, the Chairman has determined that, in the interest of promoting the public’s ability to understand the nature and scope of issues under consideration, the public interest would be served by making this document publicly available. The Commission’s ex parte rules apply and presentations are subject to “permit-but- disclose” ex parte rules. See, e.g., 47 CFR §§ 1.1206, 1.1200(a). Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting. See 47 CFR §§ 1.1200(a), 1.1203. 1 See, e.g., In Re: Delete, Delete, Delete, Public Notice, DA 25-219 (Mar. 12, 2025); Consumer and Governmental Affairs Bureau Seeks Comment On Termination of Certain Proceedings As Dormant, Public Notice, DA 25-367 (CGB May 2, 2025). The Commission may elect to proceed independently in each context. 2 5 U.S.C. § 553(b)(B). 3 Util. Solid Waste Activities Grp. v. EPA, 236 F.3d 749, 755 (D.C. Cir. 2001). Federal Communications Commission FCC CIRC2507-04 4. We have identified 18 rule provisions—covering at least 40 regulatory burdens, 7,600 words, and 17 pages—that plainly do not serve the public interest any longer because they govern obsolete technology, 4 outdated marketplace conditions, 5 expired deadlines, 6 or repealed legal obligations. 7 Applying the “good cause” standard discussed above, we conclude that prior notice and comment are unnecessary before repealing the rules identified in Appendix A. 5. Direct Final Rule Process. At times when the Commission has found prior notice and comment unnecessary before modifying or repealing rules, it simply adopted the relevant rule change without any additional process.8 Although we reserve the right to proceed in that manner, we elect in this decision to proceed using what commonly is known as a “direct final rule” process. 9 Under a direct final rule process, rule changes are adopted without prior notice and comment, but accompanied by an opportunity for the public to file comments—and if we conclude that significant adverse comments have been filed, the relevant rule changes would not take effect until after a full notice and comment process. 10 6. In particular, we will publish this item adopting direct final rules in the Federal Register, and allow for comment from interested parties within 10 days of Federal Register publication.11 Until 10 days after Federal Register publication, this shall be a “permit-but-disclose” proceeding for purposes of our ex parte rules.12 Because this comment process is directed toward the discrete objective of the direct final rule process, and to avoid unwarranted delay in that process, we prohibit filings addressing the rule changes contemplated in this Direct Final Rule more than 10 days after Federal Register publication, 4 47 CFR § 79.101 (regulating close-captioning for analog broadcast television receivers). 5 47 CFR § 63.65 (restricting the closure of “public toll stations” such as telephone booths); 47 CFR § 64.1201 (accounting for the use of calling cards and collect calling by addressing the equal access of independent long- distance providers and restricting the disclosure of numbers unlisted or unpublished in telephone directories). 6 47 CFR §§ 24.239-.253 (relating to post-auction cost-sharing obligations that sunset in 2005). 7 47 CFR § 1.789 (relating to telegraph regulations repealed 14 years ago). 8 See, e.g., Promoting Telehealth in Rural America, Order on Reconsideration, Second Report and Order, Order, and Second Further Notice of Proposed Rulemaking, 38 FCC Rcd 827, 855-56 (2023); Modernization of Media Regulation Initiative Revisions To Cable Television Rate Regulations, et al., Further Notice of Proposed Rulemaking and Report and Order, 33 FCC Rcd 10549, 10569-70, para. 41 (2018); 2014 Quadrennial Regulatory Review, et al., Order, 36 FCC Rcd 9354, 9355, para. 2 (MB 2021); Amendment of Section 1.80 of the Commission's Rules Implementing Section 2 of the Preventing Illegal Radio Abuse Through Enforcement Act (Pirate Act), Order, 35 FCC Rcd 14591, 14591, para. 1 (EB, OMD 2020); Accelerating Wireless Broadband Deployment By Removing Barriers To Infrastructure Investment, Order, 34 FCC Rcd 9366 (WTB 2019). 9 See, e.g., Administrative Conference of the United States, Recommendation 2024–6, Public Engagement in Agency Rulemaking Under the Good Cause Exemption, 89 Fed. Reg. 106406, 106408-09 (Dec. 30, 2024) (ACUS Public Engagement and Good Cause Recommendation) (discussing the “direct final rule” process); Sierra Club v. EPA, 99 F.3d 1551, 1554 n.4 (10th Cir. 1996) (discussing the direct final rule process used by the EPA). Although the FCC is not bound by the ACUS Public Engagement and Good Cause Recommendation or the practices employed by other agencies, we have considered them to the extent that they provided a useful point of reference subject to tailoring appropriate to our specific circumstances. 10 ACUS Public Engagement and Good Cause Recommendation, 89 Fed. Reg. at 10609, para. 2(d). 11 See, e.g., 47 CFR § 1.45(b) (“Oppositions to any motion, petition, or request may be filed within 10 days after the original pleading is filed.”); id. § 1.106(g) (“Oppositions to a petition for reconsideration shall be filed within 10 days after the petition is filed.”); id. § 1.1302(b) (“Any party who desires to preserve the right to appeal [a presiding officer’s ruling terminates a hearing proceeding] shall file a notice of appeal within 10 days after the ruling is released.”). 12 47 CFR § 1.1206. 2 Federal Communications Commission FCC CIRC2507-04 absent further direction from the FCC published in the Federal Register. 13 This both accords with the purpose of the comment process for direct final rules, and is similar (though not identical) to actions the Commission has taken in other contexts to provide a defined end-point for public filings to enable the Commission to focus its attention on the submissions already before it.14 7. The direct final rules will be effective 60 days after Federal Register publication. To the extent that the Commission receives comments on these direct final rules, we will evaluate whether they are significant adverse comments that warrant further procedures before changing the rules. In our assessment, we plan to be guided by ACUS’s recommendation that “[a]n agency should consider any comment received during direct final rulemaking to be a significant adverse comment if the comment explains why: a. The [direct final] rule would be inappropriate, including challenges to the rule’s underlying premise or approach; or b. The [direct final] rule would be ineffective or unacceptable without a change.”15 8. In the event that we conclude that significant adverse comments have been filed, the Bureaus and Offices responsible for the rules subject to this Direct Final Rule will publish a timely withdrawal in the Federal Register so that this Direct Final Rule does not become effective until any appropriate additional procedures have been followed. If significant adverse comments are filed only with respect to a subset of the rule revision(s) addressed by this Direct Final Rule, the pertinent Bureaus and Offices will withdraw the portions of the Direct Final Rule that were subject to significant adverse comments. 9. In the event that no comments are filed in response to this Direct Final Rule, we do not anticipate publishing a confirmation of the effective date in the Federal Register, but simply will allow the rule changes to take effect as originally specified. Where comments are filed, but none of the comments are significant adverse comments, where warranted by the record the pertinent Bureaus and Offices will issue a Public Notice that will briefly explain why any comments filed were not determined to be significant adverse comments.16 10. Although the Commission has a history of seeking to eliminate outdated, inappropriate, or 13 See 47 CFR § 1.1200(a) (“Where the public interest so requires in a particular proceeding, the Commission and its staff retain the discretion to modify the applicable ex parte rules by order, letter, or public notice.”). Up until that date, we find it in the public interest to continue to operate under permit-but-disclosure procedures in this regard, consistent with the status of the In Re: Delete, Delete, Delete proceeding more generally. 14 See, e.g., 47 CFR § 1.58 (adopting a quiet period for forbearance proceeding based on “[t]he prohibition in § 1.1203(a) on contacts with decisionmakers concerning matters listed in the Sunshine Agenda”). Although in this instance no filings will be permitted after 10 days from Federal Register publication, we create a limited carve-out that allows a petition for reconsideration of this action to be filed 30 days after Federal Register publication, consistent with the requirements of section 405(a) of the Communications Act. See 47 CFR § 1.4(b)(1) (date of “public notice” for non-notice and comment rulemaking proceedings required to be published in the Federal Register is the date of Federal Register publication); 47 U.S.C. § 405(a) (establishing a deadline of 30 days from public notice for petitions for reconsideration of actions by the Commission). In the event that a petition for reconsideration is filed, we will subsequently specifically address any comment process associated with such a petition. 15 ACUS Public Engagement and Good Cause Recommendation, 89 Fed. Reg. at 106409. 16 Although the PN is a document in a non-notice and comment rulemaking proceeding, nothing in that document is required to be published in the Federal Register by the Administrative Procedure Act given that the PN is not itself adopting new or modified rules. As a result, the Commission also need not publish the PN in the Federal Register to establish the date of “public notice” for the PN under section 1.4(b)(1) of the rules—which is limited to documents in rulemaking proceedings “required by the Administrative Procedure Act, 5 U.S.C. 552, 553, to be published in the Federal Register,” 47 CFR § 1.4(b)(1)—and instead the date of public notice of these PNs will be the release date. See 47 CFR § 1.4(b)(4). 3 Federal Communications Commission FCC CIRC2507-04 otherwise unwarranted regulations, including by actions on delegated authority, 17 we elect to take this step at the full Commission level. In recognition of past actions on delegated authority to adopt some rules without notice and comment, we take this opportunity to make clear that all Bureaus and Offices may rely on direct final rule procedures to adopt changes to rules they administer where prior notice and comment are “unnecessary” under the APA, consistent with relevant limitations on new or novel actions. This will enable the Commission to continue to leverage the efficiencies of delegated authority to modify our rules when “‘the administrative rule is a routine determination, insignificant in nature and impact, and inconsequential to the industry and to the public.’” 18 In this instance, we delegate authority to the General Counsel, and direct OGC to update the Commission’s Part 0 delegated authority rules to make clear this delegation of authority to all Bureaus and Offices with respect to the rules they administer. 11. Building on our decision to make clear the delegated authority of Bureaus and Offices to rely on direct final rules, we also clarify that in those specific instances accompanying notices of proposed rulemaking (NPRM) may be issued on delegated authority, as well. ACUS has recommended that when agencies rely on direct final rulemaking, they consider a companion NPRM published at the same time as the direct final rule “that will serve as a notice of proposed rulemaking if the agency later withdraws the direct final rule upon receiving any significant adverse comments.” 19 Although the general Part 0 delegations of authority typically foreclose general use of rulemaking via NPRMs, consistent with the ACUS recommendation we see value in leaving open the possibility of companion NPRMs where Bureaus or Offices rely on direct final rulemaking. We make clear, however, that the companion NPRMs are limited in scope to the rule changes contemplated by the associated direct final rules, and any logical outgrowth thereof. This delegation likewise does not extend to matters that are new or novel as relevant. As with the changes to the Part 0 rules discussed above, we again direct OGC to update our Part 0 rules to reflect this delegation. III. PROCEDURAL MATTERS A. Paperwork Reduction Act 12. This document does not contain new or modified information collections subject to the Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. §§ 3501-3521. In addition, therefore, it does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, 44 U.S.C. § 3506(c)(4). B. Congressional Review Act 13. The Commission has determined, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget concurs, that this rule is “non-major” under the Congressional Review Act, 5 U.S.C. § 804(2). The Commission will send a copy of this Direct Final Rule to Congress and the Government Accountability Office pursuant to 5 U.S.C. § 801(a)(1)(A). C. Filing Requirements 14. Interested parties may file comments on or before the date indicated on the first page of this document. Comments may be filed using the Commission’s Electronic Comment Filing System (ECFS). 17 See, e.g., supra note 8; Elimination of Obligation To File Broadcast Mid-Term Report (Form 397) Under Section 73.2080(f)(2), Modernization of Media Regulation Initiative, Report and Order, 34 FCC Rcd 668 (2019); Modernizing Common Carrier Rules, Report and Order, 32 FCC Rcd 7132, 7132, para. 2 (2017); Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Order, DA 25-252, para. 1 (WCB Mar. 20, 2025) (taking action “consistent with the Commission’s goal of eliminating unnecessary and burdensome regulations”); see also In Re: Delete, Delete, Delete, Public Notice, DA 25-219. 18 Util. Solid Waste Activities Grp. v. EPA, 236 F.3d at 755. 19 ACUS Public Engagement and Good Cause Recommendation, 89 Fed. Reg. at 106409. 4 Federal Communications Commission FCC CIRC2507-04 • Electronic Filers: Comments may be filed electronically using the Internet by accessing the ECFS: https://www.fcc.gov/ecfs/. • Paper Filers: Parties who choose to file by paper must file an original and one copy of each filing. o Filings can be sent by hand or messenger delivery, by commercial courier, or by the U.S. Postal Service. All filings must be addressed to the Secretary, Federal Communications Commission. o Hand-delivered or messenger-delivered paper filings for the Commission’s Secretary are accepted between 8:00 a.m. and 4:00 p.m. by the FCC’s mailing contractor at 9050 Junction Drive, Annapolis Junction, MD 20701. All hand deliveries must be held together with rubber bands or fasteners. Any envelopes and boxes must be disposed of before entering the building. o Commercial overnight mail (other than U.S. Postal Service Express Mail and Priority Mail) must be sent to 9050 Junction Drive, Annapolis Junction, MD 20701. o Filings sent by U.S. Postal Service First-Class Mail, Priority Mail, and Priority Mail Express must be sent to 45 L Street, NE, Washington, DC 20554. • People with Disabilities. To request materials in accessible formats for people with disabilities (braille, large print, electronic files, audio format), send an e-mail to fcc504@fcc.gov or call the Consumer and Governmental Affairs Bureau at (202) 418-0530. D. Additional Information 15. For additional information, contact Marcus Maher of the Office of the General Counsel at Marcus.Maher@fcc.gov or (202) 418-2339. IV. ORDERING CLAUSES 16. Accordingly, IT IS ORDERED that, pursuant to sections 4(i), 4(j), 201(b), and 303(r) of the Communications Act, 47 U.S.C. §§ 154(i), (j), 201(b), 303(r), this Direct Final Rule IS ADOPTED. Except as specified in paragraphs 17 and 18, this Direct Final Rule shall be effective upon Federal Register publication of the rule changes set forth in Appendix A, which also shall serve as the date of public notice of that action. 17. IT IS FURTHER ORDERED that the amendments of the Commission’s rules as set forth in Appendix A shall be effective 60 days after Federal Register publication. In the event that significant adverse comments are filed, we direct the Bureaus and Offices responsible for the rules subject to this Direct Final Rule to publish a timely document in the Federal Register withdrawing the rule so that the rule change does not become effective until any additional procedures have been followed. In the event that significant adverse comments are filed with respect to only a subset of the rule revisions, we direct the Bureau or Office responsible for such rule revision to publish a timely document in the Federal Register withdrawing only such rule so that the rule change does not become effective until any additional procedures have been followed. 18. IT IS FURTHER ORDERED that the General Counsel shall modify the Commission’s Part 0 rules to reflect the delegations of authority described in paragraphs 10 and 11, above. Those changes to the Part 0 rules shall be effective upon Federal Register publication of the required amendments to the Part 0 rules, 20 which also shall serve as the date of public notice of that action. 20 Because changes to our delegations of authority involve agency organization, procedure, or practice rather than “a substantive rule,” they are not subject to the default requirement that they take effect on or after 30 days after Federal Register publication. 5 U.S.C. § 553(d). 5 Federal Communications Commission FCC CIRC2507-04 19. IT IS FURTHER ORDERED that the Office of the Managing Director, Performance Program Management, SHALL SEND a copy of this Direct Final Rule in a report to be sent to Congress and the Government Accountability Office pursuant to the Congressional Review Act, 5 U.S.C. § 801(a)(1)(A). FEDERAL COMMUNICATIONS COMMISSION Marlene H. Dortch Secretary 6 Federal Communications Commission FCC CIRC2507-04 APPENDIX A Final Rules For the reasons set forth above, the Federal Communications Commission amends parts 1, 24, 63, 64, and 79 of Title 47 of the Code of Federal Regulations as follows: PART 1 – PRACTICE AND PROCEDURE 1. The authority citation for part 1 continues to read as follows: Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note; 47 U.S.C. 1754, unless otherwise noted. Subpart E – Complaints, Applications, Tariffs, and Reports Involving Common Carriers 2. Remove and reserve § 1.789. § 1.789 [Removed and Reserved] PART 24 – PERSONAL COMMUNICATIONS SERVICES 3. The authority citation for part 24 is revised to read as follows: Authority: 47 U.S.C. 154, 301, 302a, 303, 309 and 332. Subpart E – Broadband PCS 4. Remove the undesignated center heading before § 24.239, and remove and reserve §§ 24.239 through 24.253. §§ 24.239 through 24.253 [Removed and Reserved] PART 63 – EXTENSION OF LINES, NEW LINES, AND DISCONTINUANCE, REDUCTION, OUTAGE AND IMPAIRMENT OF SERVICE BY COMMON CARRIERS; AND GRANTS OF RECOGNIZED PRIVATE OPERATING AGENCY STATUS 7. The authority citation for part 63 continues to read as follows: Authority: 47 U.S.C. 151, 154(i), 154(j), 160, 201-205, 214, 218, 403, 571, unless otherwise noted. 8. Remove and reserve § 63.65. § 63.65 [Removed and Reserved] PART 64 – MISCELLANEOUS RULES RELATING TO COMMON CARRIERS 9. The authority citation for part 64 continues to read as follows: Authority: 47 U.S.C. 151, 152, 154, 201, 202, 217, 218, 220, 222, 225, 226, 227, 227b, 228, 251(a), 251(e), 254(k), 255, 262, 276, 403(b)(2)(B), (c), 616, 620, 716, 1401-1473, unless otherwise noted; Pub. 7 Federal Communications Commission FCC CIRC2507-04 L. 115-141, Div. P, sec. 503, 132 Stat. 348, 1091; Pub. L. 117-338, 136 Stat. 6156. Subpart L – Restrictions on Telemarketing, Telephone Solicitation, and Facsimile Advertising 10. Remove and reserve § 64.1201. § 64.1201 [Removed and Reserved] PART 79 – ACCESSIBILITY OF VIDEO PROGRAMMING 11. The authority citation for part 79 continues to read as follows: Authority: 47 U.S.C. 151, 152(a), 154(i), 303, 307, 309, 310, 330, 544a, 613, 617. Subpart B – Apparatus 10. Remove and reserve § 79.101. § 79.101 [Removed and Reserved] 8