We appreciate the opportunity to provide information related to the Federal Communication Commission (FCC)’s “Delete, Delete, Delete” initiative. This comment does not represent the views of any particular party or interest group but is intended to assist the FCC in eliminating rules that undermine free expression or constitutional restrictions on federal agencies. We seek to emphasize two key items worth deleting:
- The FCC’s news distortion rule. It is unnecessary in the modern media landscape and harmful to expression by threatening politically motivated accusations and investigations.
- The FCC’s Universal Service Fund contribution methods and rules. The Fund’s current contribution methods function as an unauthorized tax on telecommunications companies and raise consumers’ rates unnecessarily.
The News Distortion Rule
The FCC has long claimed the authority to deny or revoke the license of a broadcaster if they find that the broadcaster has engaged in “deliberate distortion” of news regarding a “significant event and not merely a minor or incidental aspect of the news report.” The FCC has reaffirmed this uncodified rule multiple times in its history, most recently in a July 14, 2024 guidance document on the FCC’s website.
The FCC describes its authority here as “narrow” and with significant protections for the expressive rights of broadcasters. Historical and current uses of the news distortion rule, however, show that this rule is hopelessly subjective and liable to abuse for political ends.
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