Oppose Use of the Congressional Review Act to Repeal the FCC’s Open Internet Rules

Recipient: House Committee on Energy & Commerce | House Subcommittee on Communications, Technology & the Internet

Dear Chairman Upton, Ranking Member Waxman, Chairman Walden, and Ranking Member Eshoo:

On
behalf of The Leadership Conference on Civil and Human Rights, a
coalition charged by its diverse membership of more than 200 national
organizations to promote and protect the rights of all persons in the
United States, along with the undersigned organizations, we write to
urge you to vote against any attempt to use the Congressional Review Act
(CRA) to repeal the Federal Communication Commission’s (FCC) Open
Internet rules. Though the organizations represented by this letter
have taken different views on the Open Internet rules, we are united in
the view that congressional plans to overturn these rules using the CRA
would cause significant harm, particularly to the constituencies
represented by our organizations, and divert attention from other
critical media and telecommunications issues that are so vital to our
nation’s economic and civic life.

The
CRA, 5 U.S.C. §§ 801-808, is a blunt instrument. The terms of the Act
require complete repeal of the agency action in question in a simple
“yes or no” vote. For this reason, use of the CRA would mean that
critical long-established protections will be repealed along with newer
proposals adopted for the first time in December. Use of the CRA would
eliminate the FCC’s authority to enforce its reasonable Open Internet
principles, including those that prevent private blocking of
constitutionally-protected speech.

A
free and open Internet is of particular concern to civil rights
organizations because the Internet is a critical platform for free
speech. It is also a tool for organizing members and for civic
engagement; a chance for online education and advancement which is
essential to economic development and job creation; a means by which to
produce and distribute diverse content; and an opportunity for small
entrepreneurs from diverse communities who might not otherwise have a
chance to compete in the marketplace.

As
you know, the FCC adopted Open Internet rules in December after an
extensive and detailed process. As a result, the Commission for the
first time adopted a set of enforceable rules that many diverse parties
agree will protect against severe abuse, promote free expression on the
Internet, and encourage job-creating investment in broadband networks.
These rules include a number of non-controversial common-sense policies,
such as the right of a consumer to reach any lawful content via the
Internet while preserving network providers’ ability to manage their
networks. The rules adopted in December will help get all Americans
online: for example, consumers with low incomes will be better able to
select a service at a price they can afford under the Commission’s new
transparency rules.

We
also urge Congress and the Commission to move forward on other critical
media and telecommunications policy initiatives. As we explained to
the FCC last fall, we believe it is critical for the Commission to renew
its focus on expanding broadband adoption among people of color;
closing the digital divide; extending universal service support to
broadband services; adopting provisions to protect consumer privacy; and
implementing the 21st Century Communications & Video Accessibility
Act of 2010.

In
closing, we strongly urge you to oppose use of the Congressional Review
Act to repeal the Federal Communications Commission’s Open Internet
rules. We also hope that Congress and the Commission will move forward
expeditiously to implement the National Broadband Plan to expand
deployment and adoption of new technologies and high-speed Internet for
all Americans. Should you require further information or have any
questions regarding this issue, please contact The Leadership Conference
Media/Telecommunications Task Force Co-Chairs, Cheryl Leanza
202-904-2168, Christopher Calabrese, 202-715-0839, or Corrine Yu,
Leadership Conference Senior Counsel and Managing Policy Director, at
202-466-5670.

Sincerely,

AFL-CIO

American Civil Liberties Union

American Federation of Teachers

Campaign for Community Change

Communications Workers of America

NAACP

The Leadership Conference on Civil and Human Rights

National Organization for Women

United Church of Christ, Office of Communication, Inc.