SpectrumTalk

Biennial Review Time Has Arrived!

47 USC 161 states

(a) Biennial review of regulations

In every even-numbered year (beginning with 1998), the Commission—

(1) shall review all regulations issued under this chapter in effect at the time of the review that apply to the operations or activities of any provider of telecommunications service; and

(2) shall determine whether any such regulation is no longer necessary in the public interest as the result of meaningful economic competition between providers of such service.

(b) Effect of determination

The Commission shall repeal or modify any regulation it determines to be no longer necessary in the public interest.

Early biennial reviews were open ended, but in 2002 the Commission decided to limit the scope of the review close to the statutory language,

in order to reduce confusion and improve administrative efficiency, we wish to confine this biennial Section 11 effort to the areas defined by the statute. Adding rules, as opposed to modifying or eliminating existing rules, is clearly beyond the immediate task.

The above linked decision is cited in the PN but there is not link to it. (That's why you need SpectrumTalk!) It also has several interpretations of the statute that the Commission has made.

With both presidential candidates advocating "change", the new Commission in 2009 might be more open to input in this proceeding than it has been in recent years.

So if you find some existing FCC rule is discouraging innovation and economic growth, now it the time to speak up.

Comment Date: October 6, 2008
Reply Comment Date: October 27, 2008