Many critics of
U.S. regulatory policy point to Europe as an example of how the FCC and other
agencies should intervene in the telecommunications market and other industries. However, the Washington Post recently reported that in France, Italy, and Greece
citizens feel “strangled” by the over-regulation. Over the past two decades, Europe’s pro-regulatory bent has
stifled economic growth, especially in the face of the continent-wide recession.
In France, for
example, bureaucrats have issued approximately 400,000 regulatory directives
which include demands to widen sidewalks to permit two wheelchairs to cross
paths without bumping, trim tree branches six feet up their trunks, and allow
only government-certified technicians to change light bulbs on city property,
among others. These
directives have cost small towns like Albaret-Sainte-Marie more than $2.5 billion
over the past four years, and have cost the European private sector 3.7 percent
of GDP annually ($10 billion in France’s case).
According to the Organization
for Economic Cooperation and Development (OECD), advanced economies, which traditionally
favor a more “hands-off” government generally thrive and experience greater
economic growth more than countries that over-regulate.
In reaction to
developing marketplace competition and ongoing technological changes, Congress
passed the Telecommunications Act of 1996, which stated Congress’ intention for
the FCC to "promote competition and reduce regulation." The FCC should be cognizant of the pitfalls of
over-regulation encountered in France and throughout Europe. Having these
pitfalls in mind, the FCC should reduce regulation commensurate with the
development of competitive markets in order to effectuate the intent of
Congress and to promote economic growth and consumer welfare.
One
key way for the FCC to eliminate, or at least reduce unnecessary regulations,
would be for it to exercise its forbearance authority more generously. For more
background on the FCC's forbearance authority, and for more on the need for
reform of the forbearance process, see FSF’s Randy
May’s blog, Don’t
Forbear Any Longer From Forbearance Reform!”
This post and other
releases from FSF scholars explain how reforming the forbearance process will offer an avenue for
spurring the FCC, more regularly, to grant justified regulatory relief that
comports with the competitive realities of today's digital marketplace
environment.