Recently, the FCC proposed an expansion of its authority into a new arena – broadband internet access service.  It is now in the midst of receiving and analyzing comments to its proposal.  Our panel of experts discuss a paper written by former U.S. Solicitor General Gregory G. Garre examining the FCC’s authority in this matter. [Watch or listen now!] 

There is an important discussion about the FCC's proposal to regulate broadband internet access. We present a number of pieces and links discussing this important issue.

The Federal Communications Commission (FCC or Commission) has established authority over the regulation of virtually all television, radio, satellite, and cable services in America.  Recently, the FCC has proposed an expansion of its authority into a new arena—broadband Internet access service.  In October 2009, the Commission noticed its intent to adopt rules governing traffic over the Internet.  Proponents of the FCC’s so-called “net neutrality” rules maintain that they would allow Internet traffic to flow more freely, while opponents claim that federal regulation in this area could stifle the innovation and growth that has been the hallmark of the Internet since it became a household word less than two decades ago.  Whatever the proper resolution of that important policy debate, there is a critical threshold question that must be answered—whether Congress has authorized the FCC to regulate at all in this area.  And upon examination, the FCC’s broad new assertion of power over the Internet is unsound...

The Federalist Society's Telecommunications Practice Group hosted this panel discussion on Telecommunications: Broadband Policy -- One Year In at the 2009 National Lawyers Convention on Saturday, November 14, 2009. Panelists included Prof. Marvin Ammori of the University of Nebraska-Lincoln College of Law; Hon. David M. McIntosh, Partner at Mayer Brown Row & Maw, LLP; Hon. Kyle E. McSlarrow, President & CEO of the National Cable & Telecommunications Association; Prof. Gigi B. Sohn, President and Founder of Public Knowledge; and Judge Jennifer W. Elrod of the U.S. Court of Appeals for the Fifth Circuit as the moderator. The Honorable Robert M. McDowell, Commissioner for the Federal Communications Commission, opened the panel with remarks.