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Securus has called on the Federal Communications Commission (FCC) to reconsider its stance on ancillary charges that significantly increase costs for inmates and their families. While Carr has largely indicated support for the FCC’s recent decisions, particularly the order from 2024, he has also raised questions regarding the specific rate structures being employed.
Balancing Act: Precision or Excess?
Legal challenges can arise when regulatory rules are removed, and so organizations like TechFreedom, which leans toward libertarian philosophies, have shown support for the initiative dubbed “Delete, Delete, Delete.” However, they have cautioned the FCC to act methodically to prevent judicial reversals of its decisions.
“The FCC should exercise caution to avoid overstepping its bounds, as such actions may not withstand scrutiny under the Major Questions Doctrine,” the organization warned.
In contrast, AT&T urges rapid reform, advocating for a swift revamp of the FCC’s enforcement strategies without the prolonged timelines associated with traditional notice-and-comment rules. The telecommunications giant referenced a memorandum issued during the Trump administration that called for the immediate repeal of any regulation deemed outside of an agency’s statutory authority or unlawful.
Nevertheless, TechFreedom emphasizes that U.S. law typically mandates public commentary for modifications of substantive rules. Although there exists a “good cause” exemption, this has only been acknowledged by courts in specific, limited circumstances, such as emergencies or situations where prior notice could disrupt the regulatory framework.
“When uncertainty exists, the agency should seek public feedback to consider the potential impact on expectations built around existing rules,” TechFreedom advised.
Anna Gomez, a Democratic commissioner at the FCC, advocates for a careful approach, stating, “Our goal is to use a scalpel rather than a chainsaw when altering consumer protections and competition measures,” as reported at a recent conference.
Carr appears eager to accelerate the elimination of certain regulations. Upon unveiling the plan, he remarked, “Under President Trump, the administration is driving a new wave of economic opportunity by curbing regulatory burdens from Washington. For too long, agencies have added unnecessary regulations or failed to repeal outdated ones… The FCC is determined to remove all rules and regulations that are no longer warranted.”
Source
arstechnica.com