Rule2025-15919
Delete, Delete, Delete; Removal of Obsolete Regulations
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 20, 2025
Effective
October 20, 2025
Issuing agencies
Federal Communications Commission
Abstract
In this document, the Commission acts to eliminate certain outdated, obsolete, and unnecessary rules.
Full Text
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<title>Federal Register, Volume 90 Issue 159 (Wednesday, August 20, 2025)</title>
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[Federal Register Volume 90, Number 159 (Wednesday, August 20, 2025)]
[Rules and Regulations]
[Pages 40536-40538]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15919]
[[Page 40536]]
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FEDERAL COMMUNICATIONS COMMISSION
47 CFR Parts 2 and 73
[GN Docket No. 25-133; FCC 25-51; FR ID 308263]
Delete, Delete, Delete; Removal of Obsolete Regulations
AGENCY: Federal Communications Commission.
ACTION: Direct final rule; request for comments.
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SUMMARY: In this document, the Commission acts to eliminate certain
outdated, obsolete, and unnecessary rules.
DATES: Effective October 20, 2025, unless significant adverse comments
are received by September 9, 2025. In the event the Commission receives
significant adverse comments, the Commission will publish a timely
withdrawal in the Federal Register informing the public the provisions
of the rule(s) for which significant adverse comments were received and
elimination will not take effect.
ADDRESSES: You may submit comments, identified by GN Docket No. 25-133,
electronically or on paper. See SUPPLEMENTARY INFORMATION for specific
information and addresses for electronic or paper filings.
FOR FURTHER INFORMATION CONTACT: Kathy Berthot, Federal Communications
Commission, Media Bureau, Policy Division, <a href="/cdn-cgi/l/email-protection#5e153f2a3627701c3b2c2a36312a1e383d3d70393128"><span class="__cf_email__" data-cfemail="e4af85908c9dcaa68196908c8b90a4828787ca838b92">[email protected]</span></a>, (202)
418-7454.
SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Direct
Final Rule, GN Docket No. 25-133, FCC 25-51, adopted on August 7, 2025
and released on August 8, 2025. The full text of this document is
available for public inspection and can be downloaded at <a href="https://www.fcc.gov/document/fcc-deletes-outdated-broadcast-rules-and-requirements">https://www.fcc.gov/document/fcc-deletes-outdated-broadcast-rules-and-requirements</a>. Alternative formats are available for people with
disabilities (Braille, large print, electronic files, audio format) by
sending an email to <a href="/cdn-cgi/l/email-protection#70161313454044301613135e171f06"><span class="__cf_email__" data-cfemail="6b0d08085e5b5f2b0d0808450c041d">[email protected]</span></a> or calling the Commission's Consumer
and Governmental Affairs Bureau at (202) 418-0530 (voice), (202) 418-
0432 (TTY).
Comment Period and Filing Procedures. Interested parties may file
comments on or before the dates provided in the DATES section of this
document. Comments must be filed in GN Docket No. 25-133. Comments may
be filed using the Commission's Electronic Comment Filing System
(ECFS). See Electronic Filing of Documents in Rulemaking Proceedings,
63 FR 24121 (1998).
<bullet> All filings must be addressed to the Commission's
Secretary, Office of the Secretary, Federal Communications Commission.
<bullet> Electronic Filers: Comments may be filed electronically
using the internet by accessing the ECFS: <a href="https://www.fcc.gov/ecfs/">https://www.fcc.gov/ecfs/</a>.
<bullet> Paper Filers: Parties who choose to file by paper must
file an original and one copy of each filing. If more than one docket
or rulemaking number appears in the caption of this proceeding, filers
must submit two additional copies for each additional docket or
rulemaking number.
<bullet> Commercial overnight mail (other than U.S. Postal Service
Express Mail and Priority Mail) must be sent to 9050 Junction Drive,
Annapolis Junction, MD 20701.
<bullet> U.S. Postal Service first-class, Express, and Priority
mail must be addressed to 45 L Street NE, Washington, DC 20554.
Procedural Matters
Paperwork Reduction Act of 1995 Analysis: This document does not
contain new or modified information collections subject to the
Paperwork Reduction Act of 1995 (PRA), 44 U.S.C. 3501-3521. In
addition, therefore, it does not contain any new or modified
information collection burden for small business concerns with fewer
than 25 employees, pursuant to the Small Business Paperwork Relief Act
of 2002, 44 U.S.C. 3506(c)(4).
Congressional Review Act: The Commission has determined, and the
Administrator of the Office of Information and Regulatory Affairs,
Office of Management and Budget concurs, that this rule is ``non-
major'' under the Congressional Review Act, 5 U.S.C. 804(2). The
Commission will send a copy of this Direct Final Rule to Congress and
the Government Accountability Office pursuant to 5 U.S.C. 801(a)(1)(A).
Synopsis
I. Introduction
This Direct Final Rule continues our efforts to modernize our
regulatory framework by rescinding facially obsolete provisions in
parts 2 and 73 of our rules. In this proceeding, we have undertaken a
sweeping review eventually aimed at eliminating outdated rules,
reducing unnecessary regulatory burdens, accelerating infrastructure
deployment, promoting network modernization, and spurring innovation.
Our objective is to streamline, simplify, and smartly deregulate across
multiple fronts simultaneously to better serve the public and support
technological progress.
In initiating this proceeding, we generally sought to identify
rules that are outdated, obsolete, unlawful, anticompetitive, or
otherwise no longer in the public interest. In today's item, we
specifically focus on the repeal of certain broadcast rules in parts 2
and 73 for which prior notice and comment are unnecessary, but for
which we elect to provide an opportunity for input on that assessment.
Absent any significant adverse comments in response to this Direct
Final Rule, these rules will be repealed.
II. Discussion
Good Cause to Forgo Notice and Comment. Under the Administrative
Procedure Act, when an agency for good cause finds that notice and
public comment ``are impracticable, unnecessary, or contrary to the
public interest,'' it need not follow notice and comment procedures
before modifying or repealing rules. Prior notice and comment are
``unnecessary'' when `` `the administrative rule is a routine
determination, insignificant in nature and impact, and inconsequential
to the industry and to the public.' ''
We have identified 71 rule provisions, including 98 rules and
requirements, that plainly no longer serve the public interest because
they regulate obsolete technology,\1\ are no longer used in practice by
the FCC or licensees,\2\ or are
[[Page 40537]]
otherwise outdated or unnecessary.\3\ Applying the ``good cause''
standard discussed above, we conclude that prior notice and comment are
unnecessary before repealing the rules identified in this document.
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\1\ 47 CFR 2.1400 (specifying procedures for applying for
advance approval of a subscription TV system).
\2\ 47 CFR 73.58 (requiring that AM broadcast stations be
equipped with specified types of indicating instruments); 73.258
(requiring that FM broadcast stations be equipped with specified
types of indicating instruments); 73.297 (authorizing FM broadcast
stations to transmit stereophonic sound programs); 73.558 (extending
the requirements for indicating instruments set forth in Sec.
73.258 to educational FM broadcast stations); 73.597 (authorizing
noncommercial educational FM broadcast stations to transmit
stereophonic sound programs); 73.688 (requiring that TV broadcast
stations be equipped with specified types of indicating
instruments); 73.1695 (listing requirements for proposed changes in
transmission standards); 73.1710 (specifying that operation of a
broadcast station is permitted 24 hours per day); for International
Broadcast Stations, 73.701(b), (d), (f)-(g), (l)-(n) (each
subsection defining the terms transmitter-hour, multiple operation,
sunspot number, day, reference month, maximum usable frequency, and
optimum working frequency, respectively); 73.702(i)(1), (i)(3)-(4),
(j)-(k) (each subsection describing the filing of technical data,
multiple operation, zones of operation, multiple frequency use, and
frequency availability, respectively); 73.760 (describing the
showing and conditions required to justify grant of an alternate
main transmitter); and 73.765 (describing how to calculate operating
power).
\3\ 47 CFR 73.4000-73.4280 (listing, ``solely for purpose of
reference and convenience,'' certain policies of the FCC); and
73.713(d)-(e) (reminding applicants for International Broadcast
Stations operating under program test authority to obey Commission
rules and that the grant of program test authority shall not be
construed as approval of the license application, respectively).
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Direct Final Rule Process. In this Direct Final Rule, we follow the
processes previously outlined by the Commission regarding direct final
rules, which we briefly summarize here. At times when the Commission
has found prior notice and comment unnecessary before modifying or
repealing rules, it simply adopted the relevant rule change without any
additional process. Although we reserve the right to proceed in that
manner, we elect in this decision to proceed using what is known as a
``direct final rule'' process. By proceeding through a direct final
rule, the Commission chooses to provide expanded opportunities for
public comment when it is not legally required to do so under the
``good cause'' standard. Under a direct final rule process, rule
changes are adopted without prior notice and comment, but accompanied
by an opportunity for the public to file comments--and if we conclude
that significant adverse comments have been filed, the relevant rule
changes would not take effect until after a full notice and comment
process.
In particular, we will publish this item adopting direct final
rules in the Federal Register, and allow for comment from interested
parties within 20 days of Federal Register publication. Until 20 days
after Federal Register publication, this shall be a ``permit-but-
disclose'' proceeding for purposes of our ex parte rules. Because this
comment process is directed toward the discrete objective of the direct
final rule process, and to avoid unwarranted delay in that process, we
prohibit filings addressing the rule changes contemplated in this
Direct Final Rule more than 20 days after Federal Register publication,
absent further direction from the FCC published in the Federal
Register. This both accords with the purpose of the comment process for
direct final rules, and is similar (though not identical) to actions
the Commission has taken in other contexts to provide a defined end-
point for public filings to enable the Commission to focus its
attention on the submissions already before it.
The direct final rules will be effective 60 days after Federal
Register publication. To the extent that the Commission receives
comments on these direct final rules, we will evaluate whether they are
significant adverse comments that warrant further procedures before
changing the rules. In our assessment, we plan to be guided by the
recommendation of the Administrative Conference of the United States
that ``[a]n agency should consider any comment received during direct
final rulemaking to be a significant adverse comment if the comment
explains why: a. The [direct final] rule would be inappropriate,
including challenges to the rule's underlying premise or approach; or
b. The [direct final] rule would be ineffective or unacceptable without
a change.''
In the event that we conclude that significant adverse comments
have been filed, the Media Bureau and the Office of International
Affairs (OIA) will publish a timely withdrawal in the Federal Register
so that this Direct Final Rule does not become effective until any
appropriate additional procedures have been followed. If significant
adverse comments are filed only with respect to a subset of the rule
revisions(s) addressed by this Direct Final Rule, the Media Bureau or
OIA, as appropriate, will withdraw the portions of the Direct Final
Rule that were subject to significant adverse comments. For example, if
a significant adverse comment is filed regarding a single rule within a
direct final rule addressing multiple rules, we will publish a
withdrawal addressing only that rule.
In the event that no comments are filed in response to this Direct
Final Rule, we do not anticipate publishing a confirmation of the
effective date in the Federal Register, but simply will allow the rule
changes to take effect as originally specified. Where comments are
filed, but none of the comments are significant adverse comments, where
warranted by the record the Media Bureau and/or OIA will issue a Public
Notice that will briefly explain why any comments filed were not
determined to be significant adverse comments.
III. Ordering Clauses
Accordingly, it is ordered that, pursuant to sections 4(i), 4(j),
and 303(r) of the Communications Act, 47 U.S.C. 154(i), (j), 303(r),
this Direct Final Rule is adopted. Except as specified below, this
Direct Final Rule shall be effective upon Federal Register publication
of the rule changes set forth in this document, which also shall serve
as the date of public notice of that action.
It is further ordered that the amendments of the Commission's rules
as set forth in this document shall be effective 60 days after Federal
Register publication. In the event that significant adverse comments
are filed, the Media Bureau and the Office of International Affairs
shall publish a timely document in the Federal Register withdrawing the
rule so that the rule change does not become effective until any
additional procedures have been followed. In the event that significant
adverse comments are filed with respect to only a subset of the rule
revisions, we direct the Media Bureau or Office of International
Affairs, as appropriate, to publish a timely document in the Federal
Register withdrawing only such rule so that the rule change does not
become effective until any additional procedures have been followed.
48. It is further ordered that the Office of the Managing Director,
Performance Program Management, shall send a copy of this Direct Final
Rule in a report to be sent to Congress and the Government
Accountability Office pursuant to the Congressional Review Act, 5
U.S.C. 801(a)(1)(A).
List of Subjects in 47 CFR Parts 2 and 73
Administrative practice and procedures; Radio; Television.
Federal Communications Commission.
Marlene Dortch,
Secretary.
Final Rules
For the reasons discussed in the preamble, the Federal
Communications Commission amends part 2 and 73 of Title 47 of the Code
of Federal Regulations as follows:
PART 2--FREQUENCY ALLOCATIONS AND RADIO TREATY MATTERS; GENERAL
RULES AND REGULATIONS
0
1. The authority citation for part 2 continues to read as follows:
Authority: 47 U.S.C. 154, 302a, 303, and 336, unless otherwise
noted.
Subpart M--[Removed and Reserved]
0
2. Remove and reserve subpart M, consisting of Sec. 2.1400.
PART 73--RADIO BROADCAST SERVICES
0
3. The authority citation for part 73 continues to read as follows:
Authority: 47 U.S.C. 154, 155, 301, 303, 307, 309, 310, 334,
336, 339.
[[Page 40538]]
Subpart A--AM Broadcast Stations
Sec. 73.58 [Removed]
0
4. Remove Sec. 73.58.
Subpart B--FM Broadcast Stations
Sec. 73.258 [Removed]
0
5. Remove Sec. 73.258.
Sec. 73.297 [Removed]
0
6. Remove Sec. 73.297.
Subpart D--Noncommercial Educational FM Broadcast Stations
Sec. 73.558 [Removed]
0
7. Remove Sec. 73.558.
Sec. 73.597 [Removed]
0
8. Remove Sec. 73.597.
Subpart E--Television Broadcast Stations
Sec. 73.688 [Removed]
0
9. Remove Sec. 73.688.
Subpart F--International Broadcast Stations
Sec. 73.701 [Amended]
0
10. Amend Sec. 73.701 by removing and reserving paragraphs (b), (d),
(f), (g), and (l) through (n).
Sec. 73.702 [Amended]
0
11. Amend Sec. 73.702 by removing and reserving paragraphs (i)(1),
(i)(3) and (4), (j), and (k).
Sec. 73.713 [Amended]
0
12. Amend Sec. 73.713 by removing paragraphs (d) and (e).
Sec. 73.760 [Removed]
0
13. Remove Sec. 73.760.
Sec. 73.765 [Removed]
0
14. Remove Sec. 73.765.
Subpart H--Rules Applicable to All Broadcast Stations
Sec. 73.1695 [Removed]
0
15. Remove Sec. 73.1695.
Sec. 73.1710 [Removed]
0
16. Remove Sec. 73.1710.
Sec. Sec. 73.4000 through 73.4280 [Removed]
0
17. Remove Sec. Sec. 73.4000 through 73.4280.
[FR Doc. 2025-15919 Filed 8-19-25; 8:45 am]
BILLING CODE 6712-01-P
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