Dear Chairman Thune, Chairman Upton, Ranking Member Nelson and Ranking Member Pallone:
On Thursday, February 26, the Federal Communications Commission is scheduled to vote on a proposed rule that would attempt to use Title II of the 1934 Communications Act to maintain the open Internet that we all enjoy now. Business Roundtable urges you to correct this mistaken approach by introducing and committing to mark-up legislation tailored to the 21st century environment in which the Internet actually operates.
Business Roundtable CEOs believe that government intervention in the economy is occasionally necessary to achieve societal goals. However, we also believe that — more than ever such intervention must be done in a way that promotes economic growth and job creation. Reclassifying consumer broadband service under Title II would violate the basic principles of such smart regulation:
- Regulation should be justified by a compelling public need, such as demonstrated market failure. Private markets have not failed; to the contrary, the basic elements of an open Internet have evolved and persisted voluntarily within the Internet ecosystem.
- Regulatory decisions should be based on the best available information, not speculation. Arguments to reclassify consumer broadband service under Title II are based primarily on speculation, not empirical data or historical experience.
- Regulatory choices should maximize certainty and minimize burdens, so as to promote investment, innovation, and competitiveness. Title II would substantially burden consumer broadband service and create profound uncertainty for Internet service providers (ISPs). Innovation, investment, and consumers would all suffer.
Further, it is not at all clear that Title II would actually authorize the FCC to impose the kinds of bright-line prohibitions that the President seeks. Finally, a rule based on Title II will inevitably be subject to protracted litigation, undermining the certainty that all concerned seek.
Business Roundtable therefore calls upon your Committees to act promptly and report out bipartisan legislation that would implement the principles outlined in the FCC’s current Open Internet proposal - principles on which there is already broad agreement:
- Transparency on the part of ISPs regarding the policies that govern their networks;
- No blocking of legal content; and
- No commercially unreasonable discrimination, including favoring traffic from affiliated entities.1
Wise regulation of the Internet is an issue of paramount importance. It demands Congressional leadership in the national interest.
Thank you for considering our views. Please do not hesitate to contact Liz Gasster of Business Roundtable at (202) 496-3274 or lgasster@brt.org if we can provide further information.
Sincerely,
John Engler