[Congressional Record (Bound Edition), Volume 156 (2010), Part 6]
[House]
[Page 7787]
[From the U.S. Government Publishing Office, www.gpo.gov]




           NET REGULATION WILL HARM INVESTMENT AND INNOVATION

  The SPEAKER pro tempore (Ms. Markey of Colorado). The Chair 
recognizes the gentleman from Florida (Mr. Stearns) for 5 minutes.
  Mr. STEARNS. Madam Speaker, a recent announcement by FCC Chairman 
Genachowski to impose new, burdensome regulation on the Internet and on 
Internet transmission appears to me to be a political maneuver to 
regulate the Internet. Several weeks ago, he indicated he was not going 
to push for net regulation. Now he is. There is no economic or legal 
justification for this move and the result will be a freeze in the 
investment and innovation we have seen over the past 20 years. The 
Internet is the most powerful platform for innovation ever created and, 
by his actions, Chairman Genachowski is endangering the Internet's 
deployment and ultimately its innovation.
  Our current free-market, pro-investment policies have served us well. 
In fact, according to the FCC's own National Broadband Plan, 95 percent 
of all Americans have access to broadband and approximately 200 million 
subscribers have broadband at home today, up from 8 million just 10 
years ago. By comparison, it took 90 years to go from 8 million voice 
subscribers to 200 million under the old Title II Common Carrier 
Regulations. Ironically, the chairman's laudable goal of maximizing 
broadband deployment and adoption will be most harmed by his 
announcement.
  Will Rogers once said that, ``Things in our country run in spite of 
the government, not by the aid of it.'' He was not, of course, talking 
about the Internet, but his words still ring true today. The rise of 
the Internet itself is a truly great deregulatory story. What started 
as a government-run network for sharing research has now exploded into 
a force for mass communication, entertainment, and commerce, when we 
turned it over to the private sector and lifted restrictions on its use 
by commercial entities and the public. The unregulated Internet is now 
starting to help spur a new technological revolution in this country. 
Where there were once separate phone, cable, wireless, and other 
industries providing distinct and separate services, we're now seeing a 
confluence and a blur of providers all competing against each other for 
consumers, offering broadband, voice, video services, and much more.
  The Apple iPod is a perfect example of the confluence of the 
Internet, the TV, and the computer, which will then be followed by 
other exciting products. Lines of technology are being blurred all the 
time. In fact, a few years ago, you had to have separate platforms for 
each additional individual TV technology. Now, your computer becomes 
your TV, your TV doubles for your computer, and your wireless device 
becomes your TV, your computer, your phone, and camera. We will see 
more of this convergence in the years to come if we remain on the 
current deregulatory path. However, the FCC appears to want to change 
course. In response to the FCC's announcement, I introduced a bill 
today, H.R. 5257--the Internet Investment, Innovation, and Competition 
Preservation Act--that would prevent the FCC from regulating the 
Internet or Internet transmission, absent a market failure.

                              {time}  1245

  My bill would require the FCC to conduct a rigorous market analysis 
before mandating new network regulations. The FCC would need to prove 
that regulations are, indeed, necessary. Chairman Genachowski has said 
on numerous occasions that he wants to make sure that the FCC is the 
most data-driven agency. Well, let's see the data. Let's see the data 
showing there's a need for regulation before you do it, Mr. Chairman.
  With our economy still struggling, now is the worst time to impose 
new regulations on the Internet and on Internet service providers; yet, 
this is exactly what the FCC is going to try to do. Communication 
companies are among the few companies still investing billions of 
dollars into our economy in these very difficult financial times. Net 
regulation will discourage investment and innovation precisely when we 
need it the most, especially in light of our push to increase broadband 
deployment in this country.
  The FCC's announcement is a perfect example of how regulations meant 
to help can actually hurt our policy goals while taking more money out 
of the American taxpayers' pockets. I am reminded again, Madam Speaker, 
of another Will Rogers quote when he said, ``Be thankful we're not 
getting all the government we're paying for.'' Our history of 
communication policy is rife with examples of the best regulatory 
intentions going awry. More often than not, advances come despite 
regulation or, as with our Internet policy over the past couple of 
decades, from our decision not to regulate.

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