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Saturday, September 28, 2024

FCC budget hearing scrutinizes agency's regulatory decisions

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Cathy McMorris Rodgers - Chair of the House Energy and Commerce Committee | Official U.S. House headshot

Cathy McMorris Rodgers - Chair of the House Energy and Commerce Committee | Official U.S. House headshot

Washington D.C. — House Energy and Commerce Committee Chair Cathy McMorris Rodgers (R-WA) delivered the following opening remarks at today’s Communications and Technology Subcommittee hearing titled “The Fiscal Year 2025 Federal Communications Commission Agency Budget.”

“Bridging the digital divide is one of this Committee’s top priorities, and it is the FCC’s statutory responsibility to assist us in this effort,” stated Rodgers.

Rodgers criticized recent actions by the FCC, including reclassifying broadband Internet access as a public utility under Title II of the Communications Act and implementing broad rules on digital discrimination. She argued that these measures undermine efforts to ensure every American has access to broadband.

“This could not have come at a worse time,” she remarked. “We are on the verge of closing the digital divide.” She highlighted Congress's allocation of $42 billion for the Broadband Equity, Access, and Deployment program at the National Telecommunications and Information Administration as part of these efforts.

Rodgers expressed concerns that heavy-handed regulations would discourage participation in these programs, complicate network deployment, and hinder connectivity.

“As has already been proven once, Title II is a solution in search of a problem,” she said. Rodgers described Title II as an outdated framework designed for telephone monopolies, not today's competitive broadband marketplace. She warned that such regulations would result in higher prices and slower internet speeds for consumers.

“The talking points that these regulations protect consumers from harmful ISP practices are not rooted in fact,” Rodgers continued. She cited improvements in network performance during the COVID-19 pandemic as evidence against such regulations.

Rodgers also claimed that reclassifying broadband under Title II is unlawful. “As the Republicans on both this Committee and the Senate Commerce Committee wrote to the Commission before its decision, the FCC has no authority to reclassify broadband,” she asserted. According to her, only Congress has this authority, as confirmed by a recent Supreme Court ruling.

She further criticized other FCC actions such as data breach notification rules similar to those previously disapproved by Congress through Congressional Review Act procedures and attempts to regulate artificial intelligence in political ads—an area outside its jurisdiction according to Rodgers.

“This pattern of the FCC abusing its authority and ignoring Congressional direction is just another example of the Biden Administration’s efforts to assert more federal control over Americans’ lives,” she concluded. Rodgers emphasized her anticipation for judicial intervention against what she termed "unlawful power grabs" by the agency.

“Today’s hearing presents an opportunity to hold the FCC accountable for its actions," she added.

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