Republicans on the House Energy and Commerce Committee warned the Federal Communications Commission to drop its effort to reinstate "net neutrality" rules, saying that the measure would run afoul of the law and would constitute regulation of rates charged by internet service providers.
"Not only is this bad public policy, but it is also unlawful," the Republicans wrote in a letter to FCC Chairwoman Jessica Rosenworcel on Tuesday condemning her efforts to reinstate net neutrality — that is, classifying internet service providers as common carriers under Title II of the Communications Act, meaning they could be regulated more heavily as if they were telecommunications providers.
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The Republicans argued that such a reclassification would run afoul of the 2022 Supreme Court ruling in West Virginia v. EPA, in which the court limited agencies to determine "major questions" of economic or political significance without clear instruction from Congress.
Republicans also said that the proposal would amount to regulation of rates charged by internet service providers, contrary to Rosenworcel's claim that it would avoid rate regulation. The Republicans said that Rosenworcel did not rule out ex post regulation of rates — that is, allowing customers to complain that rates charged by broadband providers were too high or discriminatory. "Rate regulation is rate regulation, regardless of whether it happens ex-ante or ex-post," they wrote.
They also argued that pursuing net neutrality would undermine innovation and investment in 5G expansion and satellite communications.
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The letter includes demands that the FCC provide information about how the net neutrality proposal was formed and who was involved. It also asks for information on what proof there was that the rule was needed and the research that the agency has completed to confirm the need for net neutrality.
Rosenworcel announced the agency's plans to reinstate net neutrality in late September after FCC Commissioner Anna Gomez was appointed to fill the fifth role at the agency. The FCC had imposed net neutrality rules in 2015 during the Obama administration, only to see them undone in 2017 under Trump-appointed Chairman Ajit Pai. The proposed rulemaking is currently available for public comment and is expected to take several months before it is voted on and finalized.