As we noted yesterday, a telecom trade group filed a lawsuit this week, alleging that the FFC’s reclassification of broadband Internet as a utility violates federal law. But FCC Chairman Tom Wheeler was confident that the FCC’s move, which gives the Internet protection in the form of the Title II Communications Act, would prove to be unassailable in the courts.
The rule’s ability to withstand legal challenges won’t matter if the Resolution of Disapproval succeeds. The resolution, which is backed by 15 Republican lawmakers, including Collins, could stop the FFC’s reclassification before it takes effect June 12.
“The agency is stretching old definitions to fit its regulatory agenda,” Collins said in a statement. “Only businesses with the greatest resources will survive Washington, D.C.’s latest bureaucratic expansion into a growing and dynamic industry, particularly mobile broadband.”
The Resolution of Disapproval is unlike other bills, in that it’s designed to move quickly. If a majority of the Senate approves of the bill, the FCC will have to go back to the drawing board.