Skip to comments.Cruz looking to blunt FCC authority
Posted on 05/14/2014 7:43:26 AM PDT by SoConPubbie
Sen. Ted Cruz (R-Texas) is looking to strip the Federal Communications Commission of its ability to write new net neutrality rules.
The senator is currently circulating draft legislation that would undercut the commissions legal authority to write new regulations governing the way that Internet service providers treat different streams of traffic online.
Cruz has serious concerns about the course the FCC is pursuing on net neutrality and on the questionable authority on which its relying, spokeswoman Catherine Frazier said in an email to The Hill. He is exploring legislative options to preserve the freedom of the Internet to remain an engine for jobs, growth and opportunity, and we have been in touch with other offices to that end.
A federal appeals court earlier this year ruled that the FCCs existing net neutrality rules were not justified under current law. At the same time, the court opened the door for the commission to write new rules under Section 706 of the Telecommunications Act, which gives it the power to encourage and regulate broadband infrastructure.
A draft version of Cruzs bill obtained by The Hill would eliminate from current law provisions that allow the FCC to promote competition in the local telecommunications market and remove barriers to infrastructure investment...
Instead, the law would be changed to focus on pursuing regulatory forbearance.
The effort comes as the FCC is considering a controversial proposal that would ensure Internet service providers allow a baseline level of access to all websites but also permit deals with certain companies to boost their users Web speeds.
The proposal from FCC Chairman Tom Wheeler has come under fire from lawmakers and critics on both sides of the aisle. While Democrats have worried that it would create a two-tiered Internet with different levels of service, Republicans object to the notion of government intrusion on the Web.
On Tuesday evening, Sens. Dean Heller (R-Nev.) and Ron Johnson (R-Wis.) said that Congress, not the FCC, should take the lead on regulating the Net.
The FCC should respect its regulatory limits and Congress should do its job to address these concerns, the two said in a joint statement. In the meantime, any policy adopted by the FCC should continue to respect the light touch regime that has led to industry investment and a thriving Internet ecosystem.
In addition to the Section 706 authority, Wheeler is also considering reclassifying the Internet so that it could be regulated like a telephone company.
Reclassifying broadband service would be a radical step and congressional Republicans on Tuesday sent letters warning the commission not to go that far.
Senate Minority Leader Mitch McConnell (R-Ky.) and other GOP Senate leaders told Wheeler in a letter that reclassifying broadband Internet would create tremendous legal and marketplace uncertainty and would undermine your ability to effectively lead the FCC.
Republican leaders of the House Energy and Commerce Committee issued a similar warning in a separate letter.
Courage is fear holding on a minute longer.
~ General George S. Patton
Keep at ‘em, Sen Cruz!!
Well...but rand Paul will not approve. It’s not ‘courting the liberal voters’ they should be hoping for
how about neither should take the lead in regulating the NET...
This was actually turning into one of those few bipartisan agreements. That idiot Dim on the FCC wanted to turn the Net over to corporations?? Seriously? That will devastate small sites like this one.
Cruz is dead wrong on this one. Absolutely 100% wrong. Net neutrality is a conservative principle. Chopping it up and letting others ravage it is a Dim one.
The success of the ‘net can be traced to the fact that no one needed permission to offer new products or techniques.
I realize you have expertise
That said, Cruz’ intent would certainly be to preserve the Internet and radio for use by conservatives. It’s what he does
Thank you, Senator Cruz!
LOL! Love that!
Thank you!!! Im certain that Barry will be ever so pleased with this Tribute!
Ted Cruz really needs to be president.
In other words, without net neutrality, you get to pay more for worse service.
As far as I can tell, there is a bidding war between the Dems and the GOP over which party will get the biggger payoff so the rest of us can get the shaft.
Cruz has never shown any indication of desiring a sleazy raking in of money
Nor working with GOPe on anything, and certainly not some joint monopoly takeover
Are you posting to the correct news forum?
I believe your audience are the libs, that would be, GOPe and dems. People who need anti conservative talk
The rats are always just one step away from taking a step too far.
I like Cruz— I just think he’s wrong on this issue.
Regarding federal government regulation of the Internet, the states cannot get the corrupt federal government's big nose out of the Internet without amending Constitution because of the Constitution's Commerce Clause, Clause 3 of Section 8 of Article I.
But what we're probably not going to hear from Harvard Law School-indectrinated Ted Cruz or Obama guard dog Fx News about the FCC and other federal fegulatory agencies is the following. The FCC is described as a so-called "independent federal regulatory agency." The problem with such agencies is that they cannot exist under the Constitution imo.
More specifically, the Founding States had made the first numbered clause in the Constitution, Sections 1-3 of Article I, to clarify that all federal legislative / regulatory powers are vested in the elected members of Congress, not in the executive or judicial branches, or in non-elected government bureaucrats like those running the FCC. In other words, Congress has a constitutional monopoly on federal legislative powers whether it wants it or not.
So when corrupt, Constitution-ignoring Congress establishes independent federal regulatory agencies, it is wrongly protecting federal legislative powers from the wrath of the voters in blatant defiance of the statutes referenced above imo.