Republicans tell FCC chief to tread carefully with net neutrality proposal

Twenty Republican members of Congress today sent a letter to Federal Communications Chairman Julius Genachowski to remind him of their view that the FCC should not regulate broadband networks unless it can prove that the market cannot function without new net neutrality rules.

The letter was signed by Cliff Stearns (Fla.) ranking member of the House Subcommittee on Communications, Technology and the Internet, as well as colleagues including Marsha Blackburn (Tenn.), Fred Upton (Mich), Roy Blunt (Misouri), George Radanovich (Calif.) and John Shimkus (Ill.). The letter directed Genachowski to “provide a thorough market analysis prior to proposing any regulation.”

“The FCC bears the responsibility to prove a market failure, especially since its 2002, 2005, 2006 and 2007 decisions on cable modem service were predicated on the notion that the broadband market nationwide is competitive and that regulation is unwarranted,” the letter said.

Last week, the FCC said in its broadband plan status report that the total investment needed to deploy high-speed broadband throughout the nation would likely fall between $20 billion and $350 billion.

“Network neutrality rules would make it harder, not easier, for such investment to occur,” the letter said. “A one-size-fits-all Internet where every entity must provide the exact same levels of service and that costs consumers more on average for slower speeds and less innovation will not be very competitive. Nor will it serve consumers well or draw much investment for further improvements.”

The group of members also said the FCC “will need to address where in the Communications Act you find jurisdiction to impose any new regulations.” They asked Genachowski if he intends to examine the cable, wireline, wireless, satellite and broadband over power line as 
separate markets or as one larger market.

The letter follows a separate letter sent Friday by Republican House leaders to President Barack Obama outlining the potential negative effects of net neutrality regulations.