FCC Commissioner Carr: FCC’s Title II Regs Won’t Survive the Courts

Oct 10, 2023

At a policy forum yesterday in Washington, D.C., FCC Commissioner Brendan Carr was asked about the agency’s scheduled Oct. 19 vote to launch a rulemaking to impose heavy-handed common carrier regulations on broadband ISPs. The agency is expected to adopt the rules next spring. 

Carr made several points, including his prediction that the FCC’s rules will not survive in court under the evolving “major questions doctrine” because the FCC has not been authorized by Congress to regulate the Internet in this fashion. “Ultimately, this will get overturned, so we are just wasting time,” Carr said at a tech policy confab hosted by Semafor. 

Carr, who was confirmed to a new five-year term by the Senate just a few weeks ago, also noted that the Justice Department is suing Big Tech right now to protect consumers and promote competition. “And yet at the FCC, we have this 20-year-old view that we need to protect Big Tech from even the mom-and-pop ISPs,” he said.

Here’s a link to audio of Carr interview with Semafor.