The Court Should Reject the FCC’s Net Neutrality “Franken-rule”

by Mike Wendy on September 9, 2013

Today, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Verizon’s appeal of the FCC’s Net Neutrality rules.  The following statement may be attributed to Mike Wendy, President of

Washington, DC, September 9, 2013 – This morning, the Court was able to examine first-hand the FCC’s Franken-rule creation – that is, its Net Neutrality regulation created with bolted-on and grotesquely stitched-together “authority” not authorized by the framers of the Communications Act.  In witnessing this perverse creation of “law,” we believe the Court will likely reject the FCC’s monstrous distortion of congressional policy.

Ultimately, however, this will not end the matter.

Though consumers in the broadband marketplace are protected by the advance of technology, consumer education tools, industry best practices, vibrant intermodal competition, and present law, Congress will need to step in to insure the FCC understands its proper role in fostering the Internet’s further  growth and development.

The mad scientists on the FCC’s 8th Floor need reminding that only Congress – not partisan, unelected officials parading in lab coats – can birth the law.  Properly constrained, the FCC will have to refrain from its near constant proclivity to “perfect” or “fix” that which is not broken.


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