FCC Should Approve, Then Improve, Section 7 Rules, FSF Says as OK Expected
The Free State Foundation urged commissioners to approve, then improve, rules implementing Section 7 of the Communications Act, which requires the FCC to respond to petitions or applications proposing new technologies and services within a year. An order is set…
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for a vote at Thursday’s commissioners’ meeting (see 1802200058). Commissioners are expected to approve, though possibly with quibbles, FCC and industry officials said. No one commented on the draft rules in docket 18-22. “The Commission should consider using innovation-friendly procedures such as a deregulatory presumption and a deemed granted provision in connection with agency decisionmaking about whether new technology and service offerings are in the public interest,” blogged FSF President Randolph May and Senior Fellow Seth Cooper. FSF said the rules should make it easier for Section 7 applications to be approved, and “the Commission should also consider adopting a deemed granted provision to better ensure that the agency takes action on applications within the one-year time frame set forth in Section 7(b).” The draft proposes a new subpart in Part 1 setting forth “specific procedures and timetables for action on petitions or applications for section 7 consideration.” The draft proposes that to get Section 7 treatment, a petition or application “include a separate request that demonstrates that the new technology or service proposed is both technically feasible and commercially viable, not merely theoretical or speculative.” The rules offer factors for the FCC to evaluate in deciding whether proposed services or technologies would be considered “new.”