As Citizens Against Government Waste (CAGW) has stated numerous times, attempts to impose net neutrality rules are a solution in search of a problem.  Following the success of getting households connected throughout coronavirus pandemic alongside increased speeds, as well as a record $104.2 billion private sector broadband investment in 2022, it is clear the net neutrality debate should be over.

Two former solicitors general from the Obama administration agree that net neutrality should not be pursued by the Federal Communications Commission (FCC), noting that the “Supreme Court is likely to invalidate any attempt by the Commission to impose Title II regulation on broadband internet access service.  As the last two Terms have made clear, the major questions doctrine is here to stay, and that doctrine resolves this case.”  They pointed out that the Court’s decision to classify the internet as an information service is binding precedent and therefore the FCC does not have the authority to move forward with Title II regulations.  The former solicitors general also agree with CAGW’s longstanding suggestion that the issue should be resolved by Congress.

Undoing the progress made on broadband deployment since the Open Internet Order (net neutrality) was repealed would be a waste of time and taxpayer resources.  That time and money would be better used to continue bridging the digital divide, developing a government-wide spectrum policy, consolidating the 133 broadband programs across 15 agencies, and freeing up more spectrum for licensed and unlicensed use so that the United States can continue to maintain its global competitive leadership in telecommunications.

The FCC would do well to listen to these former Obama administration officials, as well as review the Restoring Internet Freedom Order outcomes that confirm that net neutrality rules are not necessary.  Commissioners should not engage in yet another unnecessary and unwarranted set of rulemaking on the issue, and instead continue to focus on improving telecommunications into the future.