January 23, 2018

Dear Senators and Representatives,

On behalf of the more than one million members and supporters of the Council for Citizens Against Government Waste, I urge you to oppose efforts to overturn the Federal Communications Commission’s (FCC) December 14, 2017 Restoring Internet Freedom Order (RIFO) (WC 17-108) through the use of the Congressional Review Act (CRA).

Sen. Ed Markey (D-Mass.) is planning to introduce a Congressional Review Act resolution which would rescind the RIFO. A similar resolution is also expected to be introduced in the House by Rep. Michael Doyle (D-Penn.). This misguided effort would reimpose the economically damaging restrictions of Title II over the internet, and superimpose a stringent government regulatory regime on the internet that was designed to keep in check a 1934 telephone monopoly.

Despite the misleading discourse from those opposed to RIFO, Title II of the Communications Act of 1934 does nothing to ensure a free and open internet. The FCC’s adoption of RIFO simply restored internet governance back to the light-touch regulatory regime that had been in place from 1996 to 2015. This approach allowed for innovative new companies to develop, including Amazon, Facebook, Google, and Twitter; it provided the opportunity for students across the country to engage with one another in new online learning platforms; it opened up social engagement online around the world; and, it allowed job seekers quick and easy access to potential employers.

Had the internet been regulated between 1996-2015 under the same depression-era structure as Ma Bell under Title II, it is questionable whether the same level of innovation would have occurred. The Title II regulations adopted in February 2015 imposed heavy burdens on small and rural internet service providers, and slowed capital investments for much needed infrastructure deployment, harming unserved and underserved communities across the nation. The Title II regulatory regime was an aberration in regulating the internet; the RIFO restored the status quo.

I strongly urge you to oppose any CRA that would rescind the Restoring Internet Freedom Order, and to work closely with your colleagues on a legislative solution that would permanently ensure internet freedom for all Americans with provisions similar to those adopted by the FCC in August 2005. All votes on any CRA intended to rescind the RIFO will be among those considered in CCAGW’s 2018 Congressional Ratings.

Sincerely,

Tom Schatz
President, CCAGW

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