Revamping Predictive Judgments & Interim Rules

[Commentary] In addition to setting overall timelines for Federal Communications Commission review of agency rules, as I previously recommended, there are two agency practices that warrant re-evaluation: where the agency relies on a “predictive judgment” to establish a policy or rule; and where the agency adopts an “interim” rule. In both cases, the FCC supposedly relies on the best information to make a decision that is inherently time limited. Unfortunately, when utilized, there is often no follow-up with hard facts or final rules. That means those offering or receiving communications services in the marketplace are forced to adhere to rules based on stale decisions or outdated information. We can and must do better. The FCC’s new Process Review Task Force should add these practices to its list due for scrutiny.