United States of America: Federal Communications Commission adopted notice of proposed rulemaking on deregulation of business data services

On 5 August 2025, the Federal Communications Commission (FCC) adopted a notice of proposed rulemaking to initiate a review of its business data services rules, with the objective of eliminating ex ante price controls and tariffing obligations applicable to carriers nationwide. The proposal seeks to further deregulate the business broadband marketplace by reducing outdated and burdensome pricing regulations governing dedicated data transmission services provided to enterprises, non-profit organisations, educational institutions, and state and local governments. The FCC cited substantial and increasing competition in the business data services market and intends to build on deregulatory measures undertaken since 2017, which streamlined oversight of legacy circuit-based services and promoted investment in packet-based broadband infrastructure. The Notice also proposes to modernise the competitive market tests used to assess the existence of sufficient market competition to justify further pricing deregulation. Concurrently, the Order temporarily suspends the triennial updates to these market tests while the FCC compiles and evaluates the evidentiary record in the proceeding.