On March 12, 2025, the Federal Communications Commission (FCC) issued a Public Notice to announce it is seeking comment on whether any FCC rules, regulations or guidance documents should be removed due to the stated purpose of “alleviating unnecessary regulatory burdens.”  The FCC opened the new “In Re: Delete, Delete, Delete” docket, GN Docket No. 25-133, to receive filings from interested parties.

This action follows a number of recent actions by the Trump Administration focused on deregulation, such as the “Executive Order on Implementing the President’s Department of Government Efficiency Cost Efficiency Initiative,” which established new restrictions on the federal contracting process.

The Public Notice requests that commenters consider the following policy factors when responding:

  • Cost-benefit considerations – what cost-benefit analysis should be undertaken by the Commission in determining whether the cost of a particular regulation exceeds the benefit it brings to society.   
  • Experience gained from the implementation of the rule – whether the application of a given rule, either as currently interpreted or otherwise, reasonably supports the conclusion that the rule is “unnecessary or inappropriate.”
  • Marketplace and technological changes – whether any recent technological advancements or changes in marketplace conditions have left certain rules obsolete or out of place in light of such developments.
  • Regulation as barrier to entry – whether the burdens imposed by certain regulations disproportionally fall on large and small businesses or if such regulations wrongfully penalize American-owned businesses.
  • Changes in the broader regulatory context – how FCC rules factor into the current broader regulatory landscape and whether such rules are no longer needed given the current regulatory regime.
  • Changes in, or other implications of, the governing legal framework – whether there are any FCC rules that should be revaluated due to either recent Congressional action or due to the decision made in Loper Bright.
  • Other considerations relevant to the retrospective review of Commission rules – whether there are additional factors that the Commission should account for before determining if a rule should be removed.

The deadline for submitting initial comments is April 11, 2025 and reply comments are due on April 28, 2025.  We anticipate that the FCC will use the record compiled in response to the Public Notice to develop specific, deregulatory proposals via notice-and-comment rulemakings. 

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Photo of Matthew DelNero Matthew DelNero

Matt DelNero provides expert regulatory counsel to companies of all sizes in the telecommunications, technology and media sectors. As a former senior official with the FCC and longtime private practitioner, Matt helps clients achieve their goals and navigate complex regulatory and public policy…

Matt DelNero provides expert regulatory counsel to companies of all sizes in the telecommunications, technology and media sectors. As a former senior official with the FCC and longtime private practitioner, Matt helps clients achieve their goals and navigate complex regulatory and public policy challenges.

Matt serves as co-chair of Covington’s Technology & Communications Regulation (“TechComm”) Practice Group and co-chair of the firm’s Diversity, Equity, & Inclusion initiative.

Matt advises clients on the full range of issues impacting telecommunications, technology and media providers today, including:

Structuring and securing FCC and other regulatory approvals for media and telecommunications transactions.
Obtaining approval for foreign investment in broadcasters and telecommunications providers.
Broadband funding under federal and state programs, including under the FCC’s Universal Service Fund (USF) and NTIA’s Broadband Equity, Access, and Deployment (BEAD) Program.
Representing broadcasters, media networks, and other content owners and producers on both existing and proposed FCC regulations and policies.
FCC enforcement actions and inquiries.
Online video accessibility, including under the Communications and Video Accessibility Act (CVAA) and Americans with Disabilities Act (ADA).
Equipment authorizations for IoT and other devices.
Spectrum policy and auctions, including for 5G.
Privacy and data protection, with a focus on telecommunications and broadband providers.

Matt also maintains an active pro bono practice representing LGBTQ+ and other asylum seekers, as well as veterans petitioning for discharge upgrades—including discharges under ‘Don’t Ask, Don’t Tell’ and predecessor policies that targeted LGBTQ+ servicemembers.

Prior to rejoining Covington in January 2017, Matt served as Chief of the FCC’s Wireline Competition Bureau. He played a leading role in development of policies around net neutrality, broadband privacy, and broadband deployment and affordability under the federal Universal Service Fund (USF).

Chambers USA ranks Matt within “Band 1” in his field and reports that he is a “go-to attorney for complex matters before the FCC and other federal agencies, drawing on impressive former government experience.” It also quotes clients who praise him as “an outstanding regulatory lawyer…[who] understands the intersection between what’s important for the client’s operations and how the law impacts those operations.”

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Photo of Andrew Longhi Andrew Longhi

Andrew Longhi advises national and multinational companies across industries on a wide range of regulatory, compliance, and enforcement matters involving data privacy, telecommunications, and emerging technologies.

Andrew’s practice focuses on advising clients on how to navigate the rapidly evolving legal landscape of state…

Andrew Longhi advises national and multinational companies across industries on a wide range of regulatory, compliance, and enforcement matters involving data privacy, telecommunications, and emerging technologies.

Andrew’s practice focuses on advising clients on how to navigate the rapidly evolving legal landscape of state, federal, and international data protection laws. He proactively counsels clients on the substantive requirements introduced by new laws and shifting enforcement priorities. In particular, Andrew routinely supports clients in their efforts to launch new products and services that implicate the laws governing the use of data, connected devices, biometrics, and telephone and email marketing.

Andrew assesses privacy and cybersecurity risk as a part of diligence in complex corporate transactions where personal data is a key asset or data processing issues are otherwise material. He also provides guidance on generative AI issues, including privacy, Section 230, age-gating, product liability, and litigation risk, and has drafted standards and guidelines for large-language machine-learning models to follow. Andrew focuses on providing risk-based guidance that can keep pace with evolving legal frameworks.

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