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Technology Legislative Alerts
On May 20, the Supreme Court handed down a potentially important decision in Arlington v. FCC. This decision further embeds the Court’s deference to administrative agencies’ interpretation of statutes. Justice Scalia wrote for the majority that it was irrelevant that this case dealt with the FCC’s interpretation of its own jurisdiction; he insisted the landmark Chevron test still applies. Scalia wrote that the question is “always whether the agency has gone beyond what Congress has permitted it to do, there is no principled basis for carving out some arbitrary subset of such claims as ‘jurisdictional’.”
AFP strongly supports Rep. Walden's legislation establishing the policy of the United States to promote a free and open global Internet that is not controlled by government.
AFP VP Policy Phil Kerpen issued the following statement on today's 46-52 Senate vote on S.J. Res. 6:
On a 46-52 party line vote today, the Senate failed to stop the FCC's net neutrality power grab, the first government regulation of broadband Internet access in a decade. This regulation will now take effect on November 20, undermining investment and job creation and setting the stage for more pervasive Internet regulation in the future. The order is being challenged in court, however, and is likely to be struck down.
That's because the FCC did this with no legal authority, as the DC Circuit already found recently in Comcast v. FCC. Congress never passed legislation authorizing these regulations, and in fact all 95 candidates who campaigned on the idea last year lost. Perfect record of failure.
By Phil Kerpen
Published November 08, 2011 | FoxNews.com
This week, the United States Senate is expected to finally vote on overturning the most brazen of all of the Obama administration’s regulatory power grabs. Now, to be the most brazen is tough in light of the EPA’s regulatory onslaught and the NLRB’s effort to tell companies what states they can locate in. But the FCC takes the cake, because their astonishing net neutrality power grab is taking place despite nearly zero support from Congress, an emphatic federal court decision telling them they have no relevant jurisdiction, and a 2010 election in which all 95 candidates who campaigned on the issue lost. A perfect record of failure. But if the Senate fails to stop the FCC this week, they might get away with it.
- Read the rest at Fox News Opinion.
Dear Senators and Representatives,
As you know, both the House and the Senate will be voting on three pending free trade agreements (FTAs): one with Colombia (H.R. 3078), one with Panama (H.R. 3079), and one with South Korea (H.R. 3080). Thankfully, President Obama finally sent the agreements to Congress and is no longer blocking the economic benefits of free trade. The latter two have been pending since June 2007, the former since November 2006.