I want to thank the chair of the Subcommittee on Telecommunications for yielding this time and for his leadership on the legislation. Once again, we're here to put the brakes on runaway bureaucracy. The FCC has overstepped its authority…
I want to thank the chair of the Subcommittee on Telecommunications for yielding this time and for his leadership on the legislation.
Once again, we're here to put the brakes on runaway bureaucracy. The FCC has overstepped its authority and is attempting to seize control of one of the Nation's greatest technological success stories. If there is one segment of our economy that continues to fire on all cylinders in the current economic environment, it is the information technology sector and the Internet.
The FCC's ``2010 National Broadband Plan'' reports that 95 percent of the country has access to broadband and two-thirds subscribe. The number of users has skyrocketed to 200 million from 8 million 10 years ago. That translates into real investment and real jobs.
In 2009, the communication sector invested close to $90 billion. In the U.S., it directly employed approximately 1.5 million people. All the success stories that we are hearing, from Apple to Zipcar, not only have occurred in the absence of government intervention but because of the absence of government intervention.
From technological advancements to creative business models, the Internet has remained a thriving, competitive, and innovative marketplace because the government has kept its hand off. Despite this economic and innovation success story, the FCC has decided to fundamentally change the technology landscape by adopting rules regulating the Internet. Like the late Democratic FCC commissioner, a good guy from Michigan, Jim Quello, said: ``If it ain't broke, don't break it.'' Well, Mr. Speaker, the Internet is not broken, and this bill will ensure that the FCC does not break it.
George Will said: ``Most Americans think that the government doesn't work real well and the Internet does.'' Why in the world are we then putting the government in charge of the Internet?
Some of my colleagues criticize the use of the CRA. Let me remind these critics that they themselves have cosponsored disapproval resolutions to overturn previous FCC rulemaking. Mr. Waxman, Ms. Eshoo, Mr. Markey, Ms. Schakowsky, and Mr. Dingell cosponsored H.J. Res. 72 in 2003. Mr. Waxman, Ms. Eshoo, Mr. Doyle, Ms. Schakowsky, and Ms. Baldwin cosponsored H.J. Res. 79 in 2008. Senate Majority Leader Harry Reid helped create the disapproval process in the CRA to give Congress a straight up-or-down vote on just this kind of regulatory overreach.
That's why this statute itself provides the language of disapproval resolutions and which is why there are no amendments.
President Obama has said that his priority is to focus on jobs. He's also said that his administration will avoid onerous and unnecessary regulations that stifle investment and innovation. On January 18, the President issued an executive order calling on agencies to base regulations on a reasoned determination that their benefits justify their costs.
While the executive order does not apply to independent agencies, the President urged such agencies to follow it, and FCC Chairman Genachowski said that he agrees with the executive order's principles. Yet the FCC admitted in its network neutrality order that it conducted that no market power analysis.
The Internet is not broken. The market has not failed. Imposing these rules will cause more harm than good by chilling the very investment and innovation that we need to ensure that the Internet keeps pace with the growing demands being placed on it. It will only hurt our economy.
Ultimately, it's a question of authority. The FCC lacks both legal and policy justifications for its action. The agency keeps changing its story about where it gets the power to issue the rules, each time teetering from one weak explanation to another based on the most recent legal or political impediment that its facing. None are consistent with its own precedent and all are an end-run around the D.C. circuit's decision in the Comcast case that the FCC has failed to show its authority in this space.
So, Mr. Speaker, if we allow the FCC to seize control of the Internet, it's going to reduce innovation and investment. Fewer jobs.
I urge my colleagues to vote in support of this resolution.