The R Street Institute announced on Mar. 26 a proposal to wind down the Federal Communications Commission (FCC), arguing that the agency has outlived its usefulness and should have its functions either eliminated or transferred to other bodies. The announcement follows testimony before the House Energy and Commerce Committee Subcommittee on Communications and Technology, where concerns were raised about the FCC’s continued relevance.
The discussion comes at a time when questions about government size and regulatory overreach are prominent in policy debates. Advocates of reform say that many federal agencies, including the FCC, persist beyond their original purposes, contributing to what some describe as ‘forever government.’
During his testimony, an R Street Institute representative said that while it may sound radical to eliminate an agency like the FCC, “the FCC is no longer needed, and sunsetting the agency will be easier than some might imagine.” The history of federal communications regulation was outlined, noting that after nearly a century since its predecessor was created by the Radio Act of 1927, “bureaucrats possessed sweeping control over the information means of production for the nation,” which led to barriers for new entrants and innovation.
Former FCC Commissioner Michael O’Rielly also testified at the hearing. He said there have been “numerous instances where the law’s provisions were either intentionally or unintentionally misapplied” by the commission over three decades. O’Rielly concluded: “Overall, the FCC—once entrusted to correctly handle the law’s technical aspects—became less than trustworthy and often misused its authority.” Both testimonies pointed out issues with broad delegations of power under ambiguous legislative language.
A five-part plan was proposed during testimony for sunsetting or transferring powers from the FCC after a two- to three-year transition period under a potential “Communications Freedom Act of 2027.” This plan would end most agency functions by 2034 but transfer certain regulatory responsibilities elsewhere.
While there is uncertainty about whether Congress has enough political will for such reforms, historical examples were cited where bipartisan efforts succeeded in deregulating industries and abolishing agencies seen as outdated. Representative Jennifer McClellan said near closing: “technology is changing much more rapidly today, and if we’re not careful—the next Telecom Act could be obsolete in 4 or 5 years.” She added that modernization cannot wait any longer.
