On Thursday, U.S. Senator Tim Scott (R-S.C.) joined Senators Ted Cruz (R-Texas), John Thune (R-S.D.), and 41 of his Senate colleagues in urging Federal Communications Commission (FCC) Chairwoman Rosenworcel to abandon her proposal to reinstate failed, heavy-handed Obama-era internet regulations, which promise to create regulatory uncertainty and stifle America’s ability to continue leading in broadband services. In their letter, the senators note that following the repeal of the Obama-era rules in 2017, all of the Democrats’ claims – most notably that Americans would get the internet one word at a time – were proven false. Just the latest of the Biden administration’s actions to bypass Congress through federal agencies, this policy would impose regulations intended for public utility services, such as water, gas, and electricity, on internet service.
Senators Tim Scott, Cruz and Thune were joined by Senators John Barrasso (R-Wyo.), Marsha Blackburn (R-Tenn.), John Boozman (R-Ark.), Katie Britt (R-Ala.), Ted Budd (R-N.C.), Shelley Moore Capito (R-W.Va.), John Cornyn (R-Texas), Tom Cotton (R-Ark.), Kevin Cramer (R-N.D.), Mike Crapo (R-Idaho), Bill Cassidy M.D.(R-La.), Steve Daines (R-Mont.), Joni Ernst (R-Iowa), Deb Fischer (R-Neb.), Chuck Grassley (R-Iowa), Bill Hagerty (R-Tenn.), John Hoeven (R-N.D.), Cindy Hyde-Smith (R-Miss.), Ron Johnson (R-Wis.), James Lankford (R-Okla.), Senate Republican Leader Mitch McConnell (R-Ky.), Mike Lee (R-Utah), Cynthia Lummis (R-Wyo.), Roger Marshall (R-Kansas), Jerry Moran (R-Kansas), Markwayne Mullin (R-Okla.), Rand Paul (R-Ky.), Pete Ricketts (R-Neb.), Jim Risch (R-Idaho), Mitt Romney (R-Utah), Mike Rounds (R-S.D.), Marco Rubio (R-Fla.), Eric Schmitt (R-Mo.), Rick Scott (R-Fla.), Dan Sullivan (R-Ala.), John Thune (R-S.D.), Thom Tillis (R-N.C.), Tommy Tuberville (R-Ala.), Roger Wicker (R-Miss.) and Todd Young (R-Ind.).
“Re-imposing heavy-handed, public-utility regulations on the internet would threaten the progress our country has made since 2017, and it would steer our country out of the fast lane and into a world of less competition for consumers, less choice, less investment, slower speeds, and higher prices,”wrote the senators. “Further, the FCC lacks this statutory authority over broadband internet access. Any attempt by the FCC to reinstate net neutrality regulations and the onerous rules of Title II on internet service providers will not survive judicial review. The FCC has pushed net neutrality and lost in court – more than once – already, and two of President Obama’s former solicitors general have warned that reclassification by the FCC cannot survive the major questions doctrine.”
Senator Scott first led efforts to oppose expanding bureaucratic internet regulations in 2014 when the Obama administration called on the FCC to redefine internet service providers as “common carriers”, making them subject to Title II of the Communications Act of 1934. In his role as member of the Senate Commerce Committee, which has oversight of the FCC, Senator Scott opposed the policy change, arguing that the policy unconstitutionally circumvented Congress and eroded internet freedom.
