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Amicus Brief: United States Telecom Association v. FCC

Legal Briefs

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Amicus Brief: United States Telecom Association v. FCC

CEI argues Congress did not authorize the FCC to regulate the Internet

Full Document Available in PDF

A handful of telecom companies sued the Federal Communications Commission (FCC) over its Open Internet Order, also known as the FCC’s net neutrality rules, issued in February 2015.

These net neutrality rules are the 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.

CEI’s amicus brief argues that Congress did not authorize the FCC to regulate the Internet when it enacted Section 706 of the Telecommunications Act and placed it outside the scope of the FCC’s rulemaking authority.