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Amicus Brief: Congress Has Never Given FCC the Authority to Regulate the Internet

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Congress has continued to deny the Federal Communications Commission authority to regulate the Internet, argues the Competitive Enterprise Institute in its amicus brief filed today in support of the petitioners in U.S. Telecom v. FCC.

CEI’s Ryan Radia explained:

“These net neutrality rules are the Obama administration’s attempt to control how Internet companies run their networks. If the FCC's rules are upheld by the court, Internet providers will invest less in their networks, hurting Americans who appreciate faster Internet speeds at lower prices. In turn, these providers won't compete as vigorously, setting up the FCC to justify further encroaching on the Internet in years to come.

What’s more, Congress did not authorize the FCC to regulate the Internet when it enacted Section 706 of the Telecommunications Act and, in fact, placed it outside the scope of the FCC’s rulemaking authority.”

You can see CEI’s brief here and more from CEI on net neutrality here