Overview of the Direct Final Rule
On August 7, 2025, the Federal Communications Commission adopted a Direct Final Rule (FCC 25-51) in GN Docket No. 25-133 under its 'Delete, Delete, Delete' regulatory modernization initiative. Released on August 8, 2025, the order eliminates 71 rule provisions covering 98 broadcast rules and requirements in Title 47 of the Code of Federal Regulations, Parts 2 and 73.
The Commission determined under Section 553(b)(B) of the Administrative Procedure Act that prior notice and public comment are unnecessary because the changes constitute routine, insignificant determinations removing provisions that no longer serve the public interest.
- Adopted: August 7, 2025
- Released: August 8, 2025
- Docket: GN Docket No. 25-133
- Order Number: FCC 25-51
- Regulatory Scope: 47 CFR Part 2 and Part 73
Summary of Repealed Broadcast Provisions
The repealed regulations encompass provisions governing obsolete technologies, practices discontinued by the agency or regulated entities, and purely informational cross-references that have become outdated.
Key broadcast rule changes include the removal of Subpart M of Part 2 (§ 2.1400) concerning advance approval procedures for subscription television systems, which became obsolete following the transition from analog broadcast service. Within Part 73, the Commission repealed several categories of rules across AM, FM, noncommercial educational, television, and international broadcast services.
- Part 2 Subpart M (§ 2.1400): Advance approval for subscription TV systems removed and reserved.
- Indicating Instruments: Repealed requirements for AM (§ 73.58), FM (§ 73.258), Noncommercial Educational FM (§ 73.558), and TV broadcast stations (§ 73.688).
- Stereophonic Transmissions: Repealed legacy authorizations for FM (§ 73.297) and Noncommercial Educational FM stations (§ 73.597).
- General Broadcast Operations: Removed § 73.1695 (proposed changes in transmission standards) and § 73.1710 (specifying 24-hour daily station operation).
- International Broadcast Stations: Amended §§ 73.701, 73.702, and 73.713 to remove outdated definitions, filing provisions, and program test reminders; removed § 73.760 (alternate main transmitters) and § 73.765 (operating power calculations).
- Reference Listings: Removed §§ 73.4000 through 73.4280, which contained non-binding reference lists and citations to legacy Commission policies, court orders, and reserved sections.
Direct Final Rule Procedures and Public Participation
Under the direct final rulemaking framework, the rule amendments take effect 60 days following publication in the Federal Register without prior proposal, subject to public input. The Commission established a 20-day comment window following Federal Register publication.
The proceeding operates under 'permit-but-disclose' ex parte procedures until the close of the 20-day comment period, after which further ex parte presentations regarding the changes are prohibited. Petitions for reconsideration may be filed up to 30 days following publication in the Federal Register pursuant to Section 405(a) of the Communications Act.
If the FCC receives a significant adverse comment explaining why a rule change is inappropriate or ineffective without revision, the Media Bureau or Office of International Affairs will publish a timely withdrawal in the Federal Register for the affected rule provisions before the effective date.
- Comment Deadline: 20 days following Federal Register publication
- Effective Date: 60 days following Federal Register publication (absent significant adverse comment)
- Petition for Reconsideration Deadline: 30 days after Federal Register publication
Commission Statements and Voting Record
Chairman Brendan Carr highlighted that the action removes 71 rule provisions, 98 requirements, 12 pages, and 5,117 words from the FCC rule books, targeting legacy rules that govern defunct technologies or redundant lists.
Commissioner Olivia Trusty supported the action as a streamlined deregulatory step to eliminate obsolete requirements and facilitate innovation.
Commissioner Anna M. Gomez concurred in part and dissented in part. Commissioner Gomez supported the removal of explanatory and non-substantive reference rules in §§ 73.4000 through 73.4280, but dissented with respect to eliminating substantive rules through direct final rule procedures without prior notice and comment on the process itself.
- Chairman Brendan Carr: Issued a separate approving statement.
- Commissioner Olivia Trusty: Issued a separate approving statement.
- Commissioner Anna M. Gomez: Concurred in part and dissented in part, issuing a separate statement.