On the Scrap Heap: The Fairness Doctrine, and 82 Other Rules

On August 22, FCC Chair Julius Genachowski announced the elimination of 83 rules, including the Fairness Doctrine, as part of the agency’s agenda for reform. Mr. Genachowski noted that the FCC has not applied the Doctrine for decades and does not currently support its enforcement.

Said the FCC head,

Our extensive efforts to eliminate outdated regulations are rooted in our commitment to ensure that FCC rules and policies promote a healthy climate for private investment and job creation.  I’m proud of the work we are doing toward our goal of being model of excellence in government.  This includes our recent commitment to act in accordance with the recent Executive Order on Regulation and Independent Agencies, which is consistent with the values and philosophy we apply at the FCC. 

The elimination of the obsolete Fairness Doctrine regulations will remove an unnecessary distraction.  As I have said, striking this from our books ensures there can be no mistake that what has long been a dead letter remains dead.  The Fairness Doctrine holds the potential to chill free speech and the free flow of ideas and was properly abandoned over two decades ago.  I am pleased we are removing these and other obsolete rules from our books.

Our work is not done.  I have directed each bureau at the FCC to conduct a review of rules within their areas with the goal of eliminating or revising rules that are outdated or place needless burdens on businesses.  We are also in the process of developing a retrospective review plan, pursuant to the recent Executive Order.  We will continue on this regulatory reform track – thoughtfully and diligently conducting our reviews of existing rules and taking other important steps to meet our statutory obligation and mission in a way that grows our economy, creates jobs and benefits all Americans.