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Thune Calls Out Biden’s Radical Return to Obama-Era Net Neutrality Proposal

“Under the regulatory regime the Biden FCC wants to impose, the federal government would be allowed to block or prioritize internet traffic or otherwise interfere with the free flow of information.”

October 4, 2023

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WASHINGTON U.S. Sen. John Thune (R-S.D.) today spoke on the Senate floor about the Biden administration’s attempt to return to failed, heavy-handed Obama-era regulations on the internet. Thune noted that in order to maintain a free and open internet, Democrats should reject the administration’s misguided net neutrality power grab.

Thune’s remarks below (as prepared for delivery):

“Mr. President, the specter of heavy-handed government regulation of the internet reared its head once again last week with the Federal Communications Commission’s announcement that it will consider a so-called net neutrality proposal at its October meeting.

“So what is net neutrality, Mr. President?

“Well, at its most basic level, it’s simply the idea that internet service providers shouldn’t prioritize or block certain internet traffic at the expense of others.

“Understood in that way, it’s a concept that enjoys broad support in both parties.

“But that’s not what we’re talking about with the Biden FCC’s net neutrality proposal.

“Like the Obama FCC before it, the Biden FCC wants to assert broad new government powers over the internet using rules that were designed for telephone monopolies back during the Great Depression.

“‘Today, there is no expert agency ensuring that the internet is fast, open, and fair,’ FCC Chairwoman Jessica Rosenworcel said last week, proving once again that Democrats’ faith in Washington experts is undying – and that nothing scares a Democrat more than the thought of some aspect of society not being regulated by the federal government.

“Mr. President, this is not the first time Democrats have sounded the alarm about the perils that await us if we don’t let the government regulate the internet with a heavy hand.

“In fact, back in 2015 the Obama FCC actually implemented the regulatory regime the Biden FCC is considering imposing.

“This opened the door to a whole host of new internet regulations, including price regulations.

“And, unsurprisingly, broadband investment declined as a result.

“That was a problem for Americans generally, who benefit when the United States is at the forefront of internet growth and expansion.

“And it was particularly bad news for Americans in rural states like South Dakota.

“Getting broadband to rural communities is already more challenging than installing broadband in cities or suburbs, and the possibility of heavier regulations acted as a further disincentive to expanding access.

“Fast forward to 2017, and the FCC under Chairman Pai voted to repeal the heavy-handed internet regulation passed by the Obama FCC.

“The prospect of this repeal was greeted with near hysteria from Democrats.

“We were told that internet traffic would slow to a crawl.

“That innovation would be stifled.

“That our freedom of speech was threatened.

“And more.

“And in the wake of the repeal … none of the things Democrats predicted came to pass.

“The internet as we know it not only survived; it thrived.

“Innovation flourished.

“The internet remained a vehicle for free and open discourse.

“And internet speeds not only didn’t slow down, they got faster and faster.

“During the pandemic, despite the explosive growth in internet usage, American networks had no problem keeping up with demand, delivering the reliable service Americans have come to expect.

“Contrast that with Europe – where internet regulation is much more heavy-handed – which struggled to deal with increased internet usage.

“In fact, European service providers slowed internet speeds to maintain connectivity.

“The United States is now a leader in adopting next-generation telecommunications services like 5G and advanced Wi-Fi while Europe struggles to keep pace.

“But that may not last if the Biden FCC goes ahead with its net neutrality plans.

“As I said, the last time a Democrat-led FCC put heavy-handed internet regulation in place, broadband investment declined.

“And there’s good reason to believe that the same thing would happen this time.

“There’s also substantial reason to be concerned that the Biden FCC’s proposed regulatory regime would result in higher internet bills for Americans.

“As FCC Commissioner Carr – a Republican appointee who opposes Democrats’ proposal – recently pointed out, and I quote, ‘Since 2017, the prices Americans pay for Internet services have decreased on an inflation-adjusted basis. Meanwhile, the prices for utility-regulated services like electricity, water, and gas have increased over two times faster than the prices for Internet services. Monopoly regulations invariably lead to monopoly prices. In addition, Title II regulation opens the door to regulators adding new taxes and fees to consumers’ monthly broadband bills.’

“And in addition to higher prices for consumers and decreased broadband investment, another consequence of the Biden FCC’s proposed new regulatory regime could be government interference in internet traffic.

“Ironically, given Democrats’ professed concerns, it is precisely the net neutrality regime they’re calling for that could imperil the free and open internet they claim to want.

“Under the regulatory regime the Biden FCC wants to impose, the federal government would be allowed to block or prioritize internet traffic or otherwise interfere with the free flow of information.

“And given the Biden administration’s demonstrated willingness to use its regulatory power to advance its social and environmental agenda, it’s not hard to imagine the Biden administration using this proposed new regulatory power to shape Americans’ internet experience for its own ends.

“Mr. President, the Biden FCC should be focused on addressing real challenges, such as continuing our efforts to close the digital divide and ensure that every American has access to high-speed broadband.

“It should not be wasting time and money advancing a solution to a problem that doesn’t exist.

“Thanks in substantial part to the light-touch regulatory regime currently in place, the internet in the United States is thriving and bringing new benefits to American families and businesses.

“And if Democrats really want a free and open internet – and to keep the U.S. at the forefront of broadband development – they will oppose the Biden FCC’s heavy-handed power grab.

“Mr. President, I yield the floor.”