The questions before the Federal Communications Commission (“FCC” or “Commission”), and indeed the entire telecommunications industry, center around how to recognize deregulatory goals while at the same time sustaining the Commission’s core mission.

Of course, the Commission can look critically at its existing rules and walk back those it concludes are imposing unreasonable burdens without clear, corresponding benefits. Conversely, Congress could take the lead by re-calibrating the regulatory structures instituted in the 1996 revision of the Communications Act. These solutions promise to be effective, if pursued, but will take time and require expenditure of political capital. 

This white paper proposes an alternate opportunity for the Commission to realize the deregulatory aims of the Trump administration and Republican-led Congress by using tools that the FCC already has at its disposal. This is the “Private Carriage Path to a Less Regulatory, More Market-Based Telecommunications Future.” 

The private carriage legal classification is a game-changer for many businesses. Private carriers negotiate deals on an individualized basis with other companies. This allows private carriers to customize contract terms and offerings to meet the unique needs of their customers.