What we have today is a resolution that comes under the Congressional Review Act, an act passed by a Republican Congress and President Clinton that gives the Congress the opportunity to look at the regulatory burdens imposed by the executive branch and, in a simple up-or-down vote, say do we want this regulation on the books or do we not. Today that regulation is the net neutrality regulation the FCC has promulgated. H.J. Res. 37, the underlying bill that this rule allows us to consider, disapproves of the December 21 FCC rule concerning net neutrality on the basis that Congress did not authorize the FCC to regulate in this area. According to a D.C. Circuit Court decision in April of last year, the FCC failed to demonstrate that it had the authority to regulate Internet network management. Until such time as the FCC is given that authority by this Congress, we must reject any rules that it promulgates in this area. Now, we will hear a lot today in the underlying resolution about the effective compromise that was crafted by the FCC. We will hear a lot about the light touch that was used by the FCC to wade into this area. {time} 1230 But, Mr. Speaker, if you don't have the authority to do it, you don't have the authority to do it. It is Congress' responsibility to delegate that authority. If folks like the underlying rule proposed by the FCC, they are welcome to bring that back as a congressional resolution.…
On the recordApril 5, 2011
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