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Public Comments

Safeguarding and Securing the Open Internet

The internet infrastructure in the US remains robust with significant investments in both innovation and deployment free from the restrictions of Title II regulations.

December 14, 2023 • Public Comments

I appreciate the opportunity to provide comments related to the Federal Communications Commission (FCC)’s Notice of Proposed Rulemaking on Safeguarding and Securing the Open Internet. This comment does not represent the views of any particular party or special interest group but is intended to assist regulators in considering the impact that a return of such regulation would have on innovation, the underlying concerns about the agency’s authority to engage in such rulemaking without appropriate delegation from Congress, and other worries.

In that regard, I seek to emphasize two key points:

  1. The Repeal of Title II shows that this rulemaking is not required, and that US internet infrastructure is strong and innovative under a light touch approach to regulation.
  2. The Title II classification of the internet, colloquially known as “net neutrality,” is likely to fall under the major questions doctrine and, therefore, action in the absence of a delegation by Congress is outside of the agency’s scope.

The Internet’s Robustness Following the Restoring Internet Freedom Order Shows a Light Touch Approach to Regulation Supports Innovation and Investment that Leads to Robust Internet Infrastructure

The internet infrastructure in the US remains robust with significant investments in both innovation and deployment free from the restrictions of Title II regulations. In fact, the internet has flourished, even when faced with the unprecedented stress test of COVID-19 that caused a sudden uptick in usage. This is in large part due to the light‐​touch regulatory approach that allows and encourages adaptation and responses to consumers’ needs and demands.

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