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Biden Order Would Give Federal Government Sweeping Control of the Internet, Senators File Resolution of Disapproval
WASHINGTON, D.C. – U.S. Senator Cindy Hyde-Smith (R-Miss.) on Thursday joined colleagues in introducing a Congressional Review Act (CRA) joint resolution of disapproval to nullify the Federal Communications Commission’s (FCC) so-called “Digital Discrimination” order.
Senate Commerce Committee Ranking Member Ted Cruz (R-Texas) introduced the joint resolution (S.J.Res.64) to stop the FCC order, which was finalized in November and gives the federal government control over nearly every aspect of the broadband industry while exposing companies to expansive, indeterminate, and crippling liability under a “disparate impact” standard.
“The bad side effects of the Biden administration’s habitual virtue signaling will become abundantly clear under this overbearing FCC order. There’s little chance of much good happening by expanding the power of Washington bureaucrats over every aspect of the internet,” Hyde-Smith said. “Congress must stop this order.”
“Despite admitting there’s ‘little to no evidence’ of discrimination by broadband companies, the Biden administration has plowed ahead with government-mandated affirmative action and race-based pricing for broadband,” Cruz said. “The only beneficiaries of the FCC’s Orwellian ‘equity’ plan are overzealous government regulators who want to control the internet. This resolution will roll back FCC Democrats’ unlawful power grab.”
Under the new FCC order, nearly every aspect of the internet—including a broadband provider’s deployment decisions, network reliability, network maintenance, equipment, pricing, promotional discounts, customer service, language options, credit checks, marketing and advertising, and more—will be subject to potential FCC enforcement actions, including multi-million-dollar forfeitures and injunctive orders, under a disparate impact standard.
The FCC order ignores the plain language of the Infrastructure Investment and Jobs Act in a manner that will harm broadband investment and undermine the goal of promoting high-speed internet access for all Americans. S.J.Res.64 is supported by Americans for Prosperity, Americans for Tax Reform, Heritage Action, R Street, Taxpayers Protection Alliance, and U.S. Chamber of Commerce.
Additional cosponsors of the joint resolution of disapproval include U.S. Senators Mike Lee (R-Utah), Eric Schmitt (R-Mo.), Ted Budd (R-N.C.), Roger Marshall, M.D. (R-Kan.), John Cornyn (R-Texas), John Thune (R-S.D.), Mike Crapo (R-Idaho), Kevin Cramer (R-N.D.), Tim Scott (R-S.C.), Dan Sullivan (R-Alaska), James Lankford (R-Okla.), Jim Risch (R-Idaho), Marsha Blackburn (R-Tenn.), Deb Fischer (R-Neb.), Katie Britt (R-Ala.), Jerry Moran (R-Kan.), and Cynthia Lummis (R-Wyo.).
U.S. Representatives Earl L. “Buddy” Carter (R-Ga.) and Andrew Clyde (R-Ga.) introduced companion legislation in the House.
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