U.S. Chamber Comments on the FCC's Delete Delete Delete Proceedings

250411 Delete Delete Delete PN FCC

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Matt Furlow
Senior Director and Policy Counsel, C_TEC, U.S. Chamber of Commerce

Published

April 14, 2025

Dear Ms. Dortch:

The U.S. Chamber of Commerce (“Chamber”) appreciates the Federal Communications Commission’s (“FCC” or “Commission”) Public Notice to alleviate “unnecessary regulatory burdens and facilitate network and infrastructure modernization and offering new and innovative services.”^[1]

[1] In Re: Delete, Delete, Delete, GN Docket No. 25-133 at 1 (filed Mar. 12, 2025) (“Public Notice”).

The Chamber applauds the Commission for the steps already taken to withdraw harmful Biden-era regulations on the communications marketplace, such as the proposed rules on bulk billing arrangements as well streamlining the satellite Earth station licensing process.^[2]

The Chamber’s Growth and Opportunity Initiative calls for 3% sustained annual economic growth, which is critical for increasing opportunities for workers and improving standards of living.^[3]

[3] Neil Bradley, How Excessive Regulation Hurts the Economy, U.S. Chamber of Comm.(Jan. 16, 2025), https://www.uschamber.com/economy/how-excessive-regulation-hurts-the-economy.

Right-sizing regulations is foundational to achieving this level of growth considering excessive regulations present significant indirect, direct, and opportunity costs through increased prices, less innovation, and burdensome compliance. The Biden Administration alone issued 982 final rules presenting 308.9 million hours of paperwork with a $1.8 trillion impact to the economy.^[4]

The Commission has a significant opportunity through this and subsequent proceedings to make substantial regulatory reforms in multiple industry sectors including media, video, broadband, telecommunications, space, and many others. Overregulation in the communications sector will disincentivize affordable access to networks that will be necessary for people to stay connected, small businesses to reach customers, and ensure all Americans reap the benefits of the AI, space, and next generation communications technologies.

The Chamber believes the Commission should focus on the following areas for regulatory reform:

· Modernizing media and video regulations to bolster competition and increase consumer choice.

· Connecting all Americans through permitting reform, network modernization, and regulatory rightsizing.

· Ensuring fairness and due process in the Commission’s enforcement process.

· Reforming the Telephone Consumer Protection Act to limit lawsuit abuse.

· Updating equipment authorization rules to unlock electronic device innovation.

· Unleashing the space economy through regulatory streamlining.

I. Broadband

A. Broadband Label Order

In 2022, the Commission adopted the Broadband Label Order requiring broadband providers to include “nutrition labels” to assist consumers in comparing internet plans.^[5]

[5]Empowering Broadband Consumers Through Transparency, Report and Order and Further Notice of Proposed Rulemaking, CG Docket No. 22-2, (rel. Nov. 17,, 2022).

The Order has been in effect for a year, and industry’s experience with the Order’s requirements merits a fresh look by the Commission. The Commission should initiate a proceeding to review the Order with an eye toward removing needlessly burdensome requirements and promoting increased flexibility for complying with the statute. These changes will also simplify the label allowing consumers to focus on the most important information. At a minimum, the Commission should eliminate the requirements related to: (1) point of sale disclosure; (2) machine readability; (3) displaying the label in multiple languages; (4) providing labels for E-Rate and Rural Healthcare Program customers; (5) displaying state and local government-imposed fees and taxes; (6) showing speed information that is currently directly on the label and allow for that information to be accessible by link to a website; and (7) displaying whole label shown on buyflow rather than link.^[6]

Finally, the Commission should close the Broadband Labels Further Notice of Proposed Rulemaking (“FNPRM”).^[7]

[7]Id. at 43.

The FNPRM proposes to add new requirements to the label including information on network management and privacy, as well as additional detail on pricing, speed latency metrics, and other topics.^[8] Expanding the scope of the broadband labeling requirement is inconsistent with the objectives of this proceeding and the Administration’s broader de-regulatory agenda, which is to reduce, not add, regulatory obligations.^[9]

B. Broadband Data Cap Notice of Inquiry

Last October, the Commission adopted a Notice of Inquiry (“NOI”) to investigate data caps, also known as usage-based pricing, in consumer broadband plans.^[10]

[10]Data Caps in Consumer Broadband Plans, Notice of Inquiry, WC Docket No. 23-199 (rel. Oct. 15, 2024).

The Commission should close this proceeding. Regulating usage-based pricing amounts to rate regulation, and the Commission lacks the legal authority to rate regulate broadband under any of the legal bases proffered in the NOI.^[11] Further, the Sixth Circuit’s decision in Ohio Telecom Ass’n v. FCC reversal of the Commission’s Safeguarding and Securing the Open Internet Order, classifying broadband under Title II, further reinforces the Commission’s insufficient legal authority to regulate usage-based pricing.^[12] Even if the Commission had authority to regulate usage-based pricing, the Commission should refrain from regulating considering the adverse impacts on consumers and small businesses. Usage-based pricing allows broadband providers to efficiently allocate network costs and provide different pricing options for consumers.^[13] Eliminating or restricting the use of usage-based pricing would make it more challenging to offer low-cost, low-use broadband plans, which consumers and small businesses alike rely upon.^[14]

II. Mobile Wireless

A. SIM-Swap and Port-Out Fraud Order

In December 2023, the Commission adopted the SIM Swap and Port-Out Fraud Order. The Order requires wireless providers to adopt secure methods to authenticate a customer before giving a customer’s phone number to a new device or new wireless provider and maintain records of SIM change requests.^[15]

[15]Protecting Consumers From SIM-Swap and Port-Out Fraud, Report and Order, WC Docket No. 21-341 (rel. Nov. 16, 2023).

The Commission should consider significantly modifying or extending the implementation time frame of this rule considering the rules’ onerous implementation requirements. At minimum the Commission should terminate the pending FNPRM in that proceeding, which proposes yet further regulatory burdens.^[16] To date, the rules have not gone into effect, and industry has sought to extend the implementation time frame due to an anticipated high regulatory burden due to updating information technology systems, additional notifications to consumers, new employee training requirements, increased record-keeping requirements.^[17] Further, the costs outweigh the benefits considering the volume of unauthorized SIM and port transactions are a minimal compared to the high volume of legitimate transactions.^[18] These increased compliance costs will ultimately result in higher costs for consumers.

U.S. Chamber Comments on the FCC's Delete Delete Delete Proceedings

250411 Delete Delete Delete PN FCC

250411 Delete Delete Delete PN FCC

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Matt Furlow

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