Comments of R Street Institute
Technological innovation often moves fast, leaving outdated regulations designed for different environments and markets in the proverbial dust. As a result, the Federal Communications Commission (FCC) must move quickly when it identifies regulations that no longer make sense, removing or updating the rules as they apply to new and innovative technologies. Indeed, the Commission has done just that over the years, ensuring the FCC does not erect unnecessary barriers to innovation. This notice of proposed rulemaking (NPRM) furthers this tradition, promising immense benefits to manufacturers, retailers and consumers alike.[1] [1]
R Street offers a few brief comments to help guide the Commission as it considers expanding opportunities for pre-authorization marketing and importation. First, the benefits of allowing conditional sales significantly outweigh the costs. Second, the risk of harmful interference caused by importing devices soon to be authorized is relatively limited. Third, the Commission need not establish a strict test for whether a manufacturer has a “reasonable basis” to believe a device will be authorized within 30 days. Finally, while the Commission does not need to standardize the evaluation for “reasonable basis”, it should require manufacturers to document their internal analysis and provide that reasoning on request. The Commission has an opportunity to generate significant benefits by reducing unnecessary regulatory barriers, and it should act quickly to enact the proposed changes.