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House Key Vote: Support H.J. Res. 37, to Stop the FCC

April 04, 2011 J

Dear Representative,

On behalf of more than 1.7 million Americans for Prosperity (AFP) activists in all 50 states, I urge you to support Rep. Walden’s Congressional Review Act (CRA) resolution reminding the Federal Communications Commission (FCC) that it has no statutory authority to regulate the Internet as it attempted to do at its December 21, 2010 meeting when it issued so-called Net Neutrality rules.

I urge you to vote Yes on H.J. Res. 37, a joint resolution under the Congressional Review Act to disapprove of the FCC’s Net Neutrality rules. AFP will rate this vote in our scorecard.

The explosion of investment, innovation and adoption in the Internet and IP-enabled devices is the greatest free market success story of our time. By any measure there is no market failure that necessitates government intervention. Prices continue to drop; adoption continues unabated; and quality continues to increase. The FCC’s so-called network neutrality rules threaten to upset this dynamic sector of the American and global economy.

Chairman Genachowski, a long-time executive at Barry Diller’s IAC/InterActiveCorp, one of the leading corporate beneficiaries of net neutrality, is currently attempting FCC’s second foray into Internet regulations. The agency’s first attempt was rejected by the courts. In Comcast v. FCC, the D.C. Circuit Court of Appeals stated it is axiomatic that “administrative agencies may [act] only pursuant to authority delegated them by Congress,” and that they do not have “untrammeled freedom to regulate activities over which the statute fails to confer Commission authority.” The court vacated FCC’s order and rebuked their attempted power grab.

The CRA is an important tool that helps Congress assert its proper role in the rulemaking process. When an agency oversteps its statutory authority and then ignores court rulings that properly clarify the agency’s authority, it is incumbent on Congress to use the CRA to vacate the rule.

I urge you to vote Yes on H.J. Res. 37, a joint resolution under the Congressional Review Act to disapprove of the FCC’s Net Neutrality rules. AFP will rate this vote in our scorecard.

Sincerely,

James Valvo
Director of Government Affairs
Americans for Prosperity

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