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Blog Posts by Jennifer Tatel

Final Plan for Retrospective Review of Regulations at the FCC

by Jennifer Tatel, Associate General Counsel
May 18, 2012 - 03:30 PM

The FCC continues to make agency reform a top priority. A key focus of this reform has been carrying out our statutory mission in a way that recognizes changes in technology and the marketplace and reduces burdens on business and industry while promoting incentives for investment and promoting economic growth.

Last year, the President issued an Executive Order to the heads of all independent agencies, including the FCC. The new Executive Order builds on the President's January 2011 Executive Order on Improving Regulation and Regulatory Review, and asks independent agencies to conduct both retrospective and prospective regulatory analyses, consistent with law. Chairman Genachowski has said the agency would act in accordance with the new Executive Order, and that he expects all FCC Bureaus and Offices will perform their responsibilities consistent with the order.

In November 2011, we developed a Preliminary Plan for Retrospective Analysis of Existing Rules, which recognized the importance of retrospective analysis and identified numerous Commission proceedings that predated the Executive Order, as the FCC historically has incorporated retrospective review into its rulemaking process.  The Preliminary Plan also described the ongoing agency-wide process of identifying outmoded or counterproductive rules.

Today, the agency releases our Final Plan for Retrospective Analysis of Existing Rules. The Final Plan represents the Commission’s strategy for incorporating retrospective analysis into the agency’s processes for reviewing its rules.

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