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Another Regulatory Power Grab: A Resolution Disapproving the FCC’s Internet Rules

November 8, 2011

In December 2010, the Federal Communications Commission issued Internet rules that stifle innovation, investments and jobs.

  • These so-called “network neutrality” or “open Internet” rules put the government in charge of deciding how to manage broadband networks, create technology partnerships, and manage investments in innovation.

The FCC, which issued these rules on a partisan 3-2 vote, has no basis for its actions. In addition to its failure to provide evidence of a crisis warranting intervention, the FCC has not cited sufficient legal authority for its actions.

  • Rather than show an actual problem, the FCC is relying on speculation of future harm. In other words, the FCC is arguing that the Internet works well today, which is why we need a government takeover to make sure nothing goes wrong in the future. But as one Democratic former FCC commissioner put it, “if it ain’t broke, don’t break it.”
  • The FCC admits in its order that it has conducted no market analysis – it has no idea how these new Internet rules will stymie job creation or hinder investment in new technologies and broadband access.

Congressional Review Act was created to give Congress an opportunity to reverse federal regulations issued by unelected bureaucrats.

  • The solution requires a simple majority in both chambers and is filibuster-proof.
  • The House passed Communications and Technology Subcommittee Chairman Greg Walden’s Resolution of Disapproval, H.J.Res. 37, on April 8, 2011.

Senate Majority Leader Harry Reid, an original cosponsor of the CRA, has described the process as a “reasonable, sensible approach to regulatory reform.”

Overturning the controversial Internet regulations will end uncertainty created in the marketplace by the FCC’s overreaching power-grab.

U.S. Representative Fred Upton

U.S. Representative Joe L. Barton

Congressman Fred Upton has represented the commonsense values of southwest Michigan since 1987. In 2010, Fred was selected by his House colleagues to serve as Chairman of the Committee on Energy and Commerce. Read More»;