Net Neutrality Ruling is a Loss of Freedom, Increase in Government Control


Today’s federal court ruling upholding the Obama Administration’s net neutrality plan is a boon for more agency power and an opportunity for Congress to rein in the out of control Federal Communications Commission (FCC).

Ryan Radia, CEI’s associate director of technology studies, said:

“This ruling will hurt Americans who appreciate faster Internet speeds at lower prices, as Internet providers will invest less in their networks, as Judge Williams discussed in his partial dissent.

“The court’s decision today should galvanize Congress to move quickly to amend the Communications Act to explicitly deprive the FCC of the authority to dictate how Internet providers manage their networks.

“We at the Competitive Enterprise Institute don’t think the role of government is to micromanage Internet providers, and we’re especially concerned that the FCC – an agency run by unelected bureaucrats – has unilaterally asserted the authority to regulate broadband firms despite Congress calling for a deregulatory approach to new technologies in the 1996 Telecommunications Act.”

"The court's deference to the FCC in this case is just the latest example of a federal agency acting beyond its statutory bounds and getting away with it due to the lack of engaged judicial review of the rulemaking process."

The Competitive Enterprise Institute (CEI) filed an amicus brief in U.S. Telecom v. FCC that was decided today in the D.C. Circuit Court of Appeals. CEI argued that Congress has continued to deny the FCC authority to regulate the internet and did not authorize the FCC to regulate the Internet when it enacted Section 706 of the Telecommunications Act.

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