FCC LACKS LEGAL AUTHORITY TO ADOPT RULE IN TITLE I
 

Washington, Dec 1, 2010 -

Rep. Cliff Stearns (R-FL), Ranking Republican on the House Communications, Technology and the Internet Subcommittee, and Rep. Joe Barton (R-TX), Ranking Republican on the House Energy & Commerce Committee, today wrote to the Chairman of the Federal Communications Commission, Julius Genachowski, regarding their understanding that he is still considering imposing Internet regulation.  Stated Stearns, “There is no need to regulate the Internet with network neutrality rules, and I believe the FCC’s legal authority is just as flawed under Title I as it is under Title II. The FCC should defer to Congress, a majority of which has clearly expressed concerns that regulating the Internet will cause harm, not good.  In addition, considering this proposed rule in the waning days of the 111th Congress before the new majority has an opportunity to hold hearings and engage in the proper oversight is inappropriate.   I urge Chairman Genachowski to heed the advice of the new majority and not circulate this Order.”

In May, Stearns introduced H.R. 5257, the Internet Investment, Innovation, and Competition Preservation Act. This bill would require the FCC to conduct a rigorous market analysis before mandating new network regulations. The FCC would need to prove that regulations are necessary and that there is a market failure that warrants regulatory intervention. In addition, it outlines the steps the FCC should take in completing this analysis.  Also, the FCC would have to report the findings to Congress.

“The Internet continues to thrive and grow in the current free-market environment, and, according to the Federal Communications Commission’s (FCC’s) own National Broadband Plan, 95% of all Americans have access to broadband and approximately 200 million subscribers have broadband at home today,” added Stearns.

A copy of the letter is attached.