Senator Tom Cotton of Arkansas in response to net neutrality

Dear Corey:

Thank you for contacting me about net neutrality. It's good to hear from you, as always.  

As you may know, on April 26, 2017, Federal Communications Commission (FCC) Chairman Pai announced his intention to repeal the FCC’s 2015 Open Internet Order. This plan would eliminate Obama-era rules that reclassified Internet service providers (ISPs)—including mobile broadband providers—as “common carriers," a term originally used in the Communications Act of 1934.  Since 2005, ISPs were classified as “internet service providers” and regulated under Title I of the Communications Act. The reclassification changed their regulatory treatment and imposed much of the same regulation facing landline telephone companies even though the two are vastly different. The Order gave the FCC authority to regulate more companies’ practices, charges, and services. 

The so-called “net neutrality” is based on the principle that ISPs and governments should treat all data on the internet equally.  However, prior to the recent FCC rule-change, the U.S. already enjoyed some degree of net neutrality.  In fact, in January 2014, the U.S. Court of Appeals dismissed federal rules requiring broadband providers to treat all Internet traffic equally on the grounds that the FCC exceeded its authority to regulate how broadband ISPs manage network traffic.  Yet the FCC’s 2015 Order granted the Commission authority to impose these stringent regulations as requested by President Obama in November 2014.    

I understand the concerns about some internet service providers’ actions and restrictions on access to online content. In fact, I recently cosponsored the Restoring Internet Freedom Act, which was introduced by Senator Mike Lee (R-UT). This Act would immediately nullify the FCC’s Open Internet Order and prohibit the FCC from issuing similar rules in the future unless authorized to do so by Congress. As Congress considers this and other measures related to the Open Internet Order and net neutrality, please rest assured that I will keep your concerns in mind. 

A well-functioning republic depends on active citizens to inform their elected representatives of issues of concern and to hold elected officials accountable. I’m grateful to hear from my fellow citizens on matters of public policy. These communications can be both insightful and useful as I work to represent you, and I hope that you will continue to keep me informed of your opinion.

I am truly honored to serve as your Senator; please know that your interests and affairs have my unceasing attention.  Always feel free to call my office at (202) 224-2353 or visit www.cotton.senate.gov.  

Sincerely,
 
Tom Cotton 
United States Senator