As a senior member of the House Communications, Technology & Internet subcommittee, I would urge industry to think twice before challenging the FCC’s balanced Order on appeal and would caution the incoming House majority not to look to repeal these rules or frustrate the FCC in its implementation of them, as the agency’s authority is more soundly anchored than it’s been in the past. The FCC’s findings and its decisions rest upon an administrative rulemaking record that spans 14 months of comments, the submission and review of countless staff and third-party policy reports, market studies, a “set-back” in the Comcast appellate ruling, and the floating of a “trial-balloon” in the FCC’s Third Way proposal. All of this has culminated in the FCC’s decision to engage in the balanced and measured approach that it took in adopting this Order.
I look forward to working with the FCC and others to discuss the imposition of Open Internet-type conditions on commercial broadband spectrum that is auctioned in the future and the composition and role of the FCC’s new Open Internet Advisory Committee. I will be focused on how future business and technological developments will affect the protections to consumers and innovation that the Order establishes. Among other things, I will be considering how concentration of ownership in the wireless broadband access industry may affect minority consumers and whether new disruptive technologies and broadband-enabled devices are significantly loosening broadband Internet access chokepoints. I especially look forward to working with information technology interest groups supportive of an Open Internet to see how we can put the imagination they have shown in innovating new products and services towards improving flaws and closing unintended loopholes in the FCC’s Order.
I want to thank Chairman Genachowski and Commissioners Clyburn and Copps for their time and effort in adopting this Order. Again, let me especially acknowledge Commissioner Clyburn for the additional thoughtfulness and consideration she displayed for the welfare of minority broadband consumers and communities of color in her public statement and remarks, and throughout her public service career.