That being the structure for a ton of agencies doesn't mean it should be the structure.
There are options besides "congress must decide every little minutiae" and "The FCC gets to be judge, jury, and executioner for things in their purview". Because that is effectively what we have at the moment. They get to be the judge (deciding what is or isn't allowable), jury (deciding whether you've violated their standard), and executioner (levying fines and other punishments).
The point I was trying to make in my original comment is that there is a conflict of interest / misaligned incentives when you allow the same org do both. We've already seen this play out with various federal agencies in various contexts. For example, those agencies are not incentivized to provide clarity of policy, because they don't need it to justify their enforcement. They can say "you violated this thing because we say so here is a fine". Whereas, if you were to split this power into two separate agencies (let's say the "Federal Communications Commission" and the Federal Communications Enforcement Agency"), the former would need to provide clarity to the latter (and everyone else) before the latter could enforce anything. This type of transparency is: 1. good, 2. something we don't currently have, 3. hard to promote with the current structure.
There are options besides "congress must decide every little minutiae" and "The FCC gets to be judge, jury, and executioner for things in their purview". Because that is effectively what we have at the moment. They get to be the judge (deciding what is or isn't allowable), jury (deciding whether you've violated their standard), and executioner (levying fines and other punishments).
The point I was trying to make in my original comment is that there is a conflict of interest / misaligned incentives when you allow the same org do both. We've already seen this play out with various federal agencies in various contexts. For example, those agencies are not incentivized to provide clarity of policy, because they don't need it to justify their enforcement. They can say "you violated this thing because we say so here is a fine". Whereas, if you were to split this power into two separate agencies (let's say the "Federal Communications Commission" and the Federal Communications Enforcement Agency"), the former would need to provide clarity to the latter (and everyone else) before the latter could enforce anything. This type of transparency is: 1. good, 2. something we don't currently have, 3. hard to promote with the current structure.