On January 17, 2024, WLF joined former FCC Commissioner Harold Furchgott-Roth and Kirk R. Arner of the Hudson Institute Center for Economics of the Internet on a reply comment in response to the FCC’s latest proposal to classify broadband internet access service as a telecommunications service subject to common carrier regulation under Title II of the Communications Act. The reply comment advances two main points. First, the FCC and the federal government more broadly enjoy sufficient non-Title II authority to counter any threats to American national security in the internet sector. Second, rather than supporting utility regulation, the internet’s great economic importance shows why the FCC’s proposal likely violates the “major questions” doctrine.
Note: WLF also joined Mr. Furtchgott-Roth and Mr. Arner on an initial comment filed December 11, 2023, available below.