State Legislators Call Court Ruling a Win for Free and Open Internet

WASHINGTON, April 7 /PRNewswire-USNewswire/ -- Yesterday, the U.S. Court of Appeals for the District of Columbia Circuit ruled that the Federal Communications Commission (FCC) exceeded its authority through a controversial 2008 order sanctioning the network management practices of an Internet Service Provider (ISP).  In Comcast v. FCC, the Court vacated the FCC's order that had purported to adopt an onerous "network neutrality" regulatory standard for ISPs.  The Court also rejected several legal arguments advanced by the FCC to support its "ancillary authority" over the Internet. 

(Logo: http://www.newscom.com/cgi-bin/prnh/20091014/ALECLOGO)

"ALEC applauds the D.C. Circuit Court for holding the FCC accountable to the rule of law," said Rep. Bill Hamzy (CT), Public Sector Co-Chair of ALEC's Telecommunications & Information Technology Task Force.  "The FCC's order was an unprecedented attempt by government to patrol private broadband networks.  The court's ruling sweeps away the primary basis of the FCC's power to implement its current proposal to impose network neutrality regulation on Internet.  We hope the FCC will refocus its future efforts on transparency requirements and other less intrusive methods to preserve a free and open Internet.  As state legislators, we are especially concerned about the potential adverse consequences that new federal Internet regulation will have on innovation, investment and job growth in our states.  We believe that a free and open Internet is best guaranteed by continuing government 'hands-off' policies toward the Net."

In January, Rep. Hamzy and over 90 other state legislators submitted a letter to the FCC opposing its plans to impose net neutrality regulation.  In 2007, ALEC adopted a Resolution on Net Neutrality, opposing federal and state regulation of network management practices.  

The American Legislative Exchange Council is the nation's largest nonpartisan, individual membership organization of state legislators.

SOURCE American Legislative Exchange Council

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