[Congressional Record Volume 169, Number 163 (Wednesday, October 4, 2023)]
[Senate]
[Pages S4923-S4924]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]



                             Net Neutrality

  Mr. THUNE. Mr. President, the specter of heavyhanded government 
regulation of the internet reared its ugly 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 
coming up later this month.
  So what is net neutrality? Well, at its most basic level, it is 
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 is a concept that enjoys broad support in both parties. 
But that is not what we are 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--
get this--that were designed for telephone companies and monopolies 
back during the Great Depression.
  This is a quote from FCC Chairwoman Jessica Rosenworcel last week:

       Today, there is no expert agency ensuring that the internet 
     is fast, open and fair.

  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.
  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 now 
considering imposing again. This opened the door to a whole new host of 
new internet regulations including--including--price regulations.
  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 my State of 
South Dakota.
  Getting broadband to rural communities is already more challenging 
than installing broadband in cities or suburbs, and the possibility of 
heavier regulations act as a further disincentive to expanding 
business. No big surprise there.
  Fast forward to 2017, and the FCC under Chairman Pai voted to 
repeal--repeal--the heavyhanded internet regulations 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 
that 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 of internet usage, 
American networks had no problem keeping up with demand, delivering the 
reliable service that Americans have come to expect. Now contrast that 
with Europe--where internet regulation is much more heavyhanded--where 
they struggle to deal with increased internet usage. In fact, European 
service providers slowed internet speeds to maintain connectivity 
throughout the course of the pandemic. 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 heavyhanded internet 
regulations in place, broadband investment declined. There is a good 
reason to believe that the same thing would happen this time. There is 
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 the 
Democrats' proposal, recently pointed out:

       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.

  That is from Brendan Carr's statement.
  In addition to higher prices for consumers and decreased broadband 
investment, another consequence of the Biden's FCC's proposed new 
regulatory regime would be government interference in internet traffic. 
Ironically, given Democrats' professed concerns, it is precisely the 
net neutrality regime they are calling for that could imperil the free 
and open internet they claim to want.

[[Page S4924]]

  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. Think 
about that one.
  Given, I would add, the Biden administration's demonstrated 
willingness to use its regulatory power to advance its social and 
environmental agenda, it is not hard to imagine the Biden 
administration using this proposed new regulatory power to shape 
Americans' internet experience for its own ends.
  The Biden FCC should be focused on addressing real challenges such as 
continuing our efforts to close the digital divide and ensuring that 
every American has access to high-speed broadband; it should not be 
wasting time and money advancing a solution to a problem that does not 
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 United 
States at the forefront of broadband development, they will oppose the 
Biden FCC's heavyhanded power grab.
  I yield the floor.
  The ACTING PRESIDENT pro tempore. The Senator from Arizona.