Kerry on FCC Court Case

Statement

Kerry on FCC Court Case

Senator John Kerry (D-Mass.), Chairman of the Commerce Subcommittee on Communications, Technology, and the Internet, today released a statement following a decision from the U.S. Court of Appeals for the District of Columbia that the Federal Communications Commission (FCC) lacks the authority to oversee internet traffic restrictions by internet providers like Comcast.

"This is a history-making decision. It appears to vacate the authority of the FCC to conduct oversight over broadband service and the telephone and cable giants that own the wires," said Sen. Kerry. "I am not advocating that the FCC reclassify broadband services as a result of this decision, but I absolutely believe they maintain that legal authority and it would be entirely consistent with the history of communications law in our country if they did. In fact, in cases involving FCC classification of services, the Supreme Court has always deferred to the agency. It is likely to continue doing so if the agency reversed and provided a strong rationale for updating the Bush era classification of broadband service.

"Broadband was in its nascent stages when the Bush Administration established its policy, but is now an integral part of our economy, the way we communicate, and our daily lives. Without oversight, market giants would be free to do as they wish even if their actions hindered the free flow of information, treated consumers unfairly, or discriminated against content creators. In the long run, we may need a new legal and regulatory framework for broadband, especially if reclassifying broadband as a telecommunications service proves too difficult to administer. I am willing to work with all interested parties on the construction of that framework. But the FCC can and must continue the role it has always played protecting consumers and encouraging the deployment of networks through the development of every communications technology, from the telephone to radio and television to wireless communications.

"I was a member of the Senate Commerce Committee during consideration of the Telecommunications Act of 1996. I know the Congress did not intend for cable and telephone broadband internet service providers to fall outside the authority of the FCC to protect consumers, protect against discrimination, provide public safety officials with priority access to service, ensure that people with disabilities are given consideration, or ensure that modern communications are available to everyone in America."

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