Additionally, we observed that, at a congressional hearing on March 31, 2022, Chairwoman Jessica Rosenworcel disavowed support for rate regulation of broadband – no rate regulation and “No asterisks.” Later, in the September 2023 public announcement of the Commission’s proposal to repeal the 2018 Restoring Internet Order and change the classification of broadband service from a Title I information. [...] No how, no way.” It is true that, in the new Title II Order, the FCC “do[es] not find ex ante or ex post rate regulation necessary for purposes of section 10(a)(1) and (a)(2)” and thus the Commission “find[s] it in the public interest to forbear from applying sections 201 and 202 insofar as they would permit the adoption of such rate regulations for BIAS in the future.”1 The order adds: “We theref. [...] The Second Circuit concluded that the Commission lacked preemptive authority under Title I of the Act and that preemption of rate regulation of interstate broadband services is a function only of Title II. [...] Similarly, the new Title II Order lays the groundwork for rate regulation in the form of limits or bans or usage-based pricing for broadband Internet services. [...] At the federal level, the agency ought to resist the expansion of rate regulation of any kind.
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