COURT DECISIONS UNDERSCORE THAT THE FCC LACKS JURISDICTION TO IMPOSE REGULATIONS

“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,” noted Rep. Cliff Stearns (R-FL), Ranking Member of the Communications, Technology and the Internet Subcommittee. “I see no reason for Internet regulation.  Yet, if there is ever a cause for regulation, it is a decision to be made by Congress – not the FCC.”

Stearns introduced today H.R. 5257, the Internet Investment, Innovation, and Competition Preservation Act.  The bill addresses the decision by FCC Chairman Genachowski to recognize broadband as a Title II service, allowing the FCC to impose regulations.  Stearns stated, “This is a partisan maneuver to regulate the Internet.”

Explained Stearns, “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.”

“It is important to note that broadband is an information service outside the reach of Title II,” added Stearns.  “This point was affirmed by the U.S. Supreme Court in its Brand X decision in 2005. Net regulation will discourage investment and innovation precisely when we need it most, especially in light of our push to increase broadband deployment.The FCC should not stand in the way of Internet innovation and expansion.”

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