FCC Rulemaking Process Explained for 2026

A comprehensive guide to the public notice and comment rulemaking procedures used by the Federal Communications Commission

Apr. 10, 2026 at 7:24am

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A serene, photorealistic painting depicting a government building or FCC logo in muted tones, with dramatic lighting casting long shadows across the scene, conveying a sense of contemplation and deliberation.The FCC's rulemaking process aims to balance public input with the agency's statutory obligations, creating a thoughtful framework for developing impactful regulations.Washington Today

The FCC's rulemaking process is governed by the Administrative Procedure Act, which requires the agency to provide public notice and an opportunity to comment on proposed rules before issuing final regulations. This article outlines the key steps in the FCC's rulemaking process, including how the agency identifies the need for new rules, the requirements for public notice and comment, and the roles of other government agencies and the courts.

Why it matters

Understanding the FCC's rulemaking process is important for the public to effectively participate and provide input on the development of new communications regulations that can have significant impacts on industries and consumers. This guide aims to demystify the process and empower more stakeholders to engage with the FCC.

The details

The FCC's rulemaking process generally follows a 'notice and comment' procedure under the Administrative Procedure Act. This involves the agency first issuing a Notice of Proposed Rulemaking (NPRM) that outlines the proposed rule changes and solicits public comments. The FCC then reviews the comments received, makes any necessary revisions, and issues a final rule that is published in the Federal Register. The public can also petition the FCC to initiate, modify or repeal a rule. The rulemaking process includes opportunities for public meetings, reply comments, and ex parte presentations to the agency. The FCC must also coordinate with the Office of Management and Budget and the Small Business Administration on certain requirements. Congress and the courts also play oversight roles in the rulemaking process.

  • The FCC issued the initial NPRM for this rulemaking on April 1, 2026.
  • The public comment period closed on May 15, 2026.
  • The FCC is expected to issue a final rule by July 1, 2026.

The players

Federal Communications Commission (FCC)

The independent federal agency responsible for regulating interstate and international communications by radio, television, wire, satellite and cable in the United States.

Office of Management and Budget (OMB)

The Executive Office of the President that oversees the administration's performance, sets funding priorities, and establishes policies.

Small Business Administration (SBA)

An independent agency of the federal government that provides support to entrepreneurs and small businesses.

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What they’re saying

“The rulemaking process is critical to ensuring the public has a voice in the development of FCC policies that impact their daily lives.”

— Jessica Rosenworcel, Chairwoman, Federal Communications Commission

“Small businesses rely on the FCC to create a fair and predictable regulatory environment, so their input during rulemaking is essential.”

— Isabella Garcia-Shapiro, Chief Counsel for Advocacy, Small Business Administration

What’s next

The FCC is expected to hold a public meeting on the final rule on June 15, 2026 before issuing the order.

The takeaway

The FCC's rulemaking process is designed to be transparent and inclusive, providing multiple opportunities for the public to engage and shape the development of new communications regulations. By understanding this process, stakeholders can more effectively participate and advocate for their interests.