Amicus Brief of ICLE and Participating Scholars, Mozilla v. FCC
Summary
ICLE filed a brief in support of Petitioners in the D.C. Circuit case, Mozilla v. FCC, a case that challenged the FCC’s authority to issue the Restoring Internet Freedom Order (“RIFO”). In RIFO, the FCC repealed the Title II classification on ISPs, preempted conflicting state laws, and applied a transparency rule against ISPs, among other provisions. In our brief, we argue that:
Contrary to the claims of Petitioners, the Commission acted well within its authority in adopting the Order. The Commission developed a comprehensive regulatory scheme for ISPs that includes both obligations imposed under the Communications Act, as well as complementary regulation and potential enforcement under antitrust law by the Commission’s sister agencies. As we show below, this competition-oriented, light touch regulatory regime comports with the relevant provisions and stated goals of the Communications Act far better than the ex ante rules adopted in the Title II Order.
In adopting this competition-oriented regulatory regime, the Commission also acted within its authority to preempt contradictory state laws under well- established precedent. The Commission did so while properly allowing for states to continue to regulate under other laws of general applicability that do not conflict with or frustrate the federal policies underlying the Order.
Accordingly, the Order should be upheld and the petitions for review should be denied.
Signatories on the Brief
- Michelle Connolly
Professor of Economics
Duke University
Former chief economist, FCC - Janice A. Hauge
Professor, Department of Economics
University of North Texas - Justin (Gus) Hurwitz
Director of Law & Economics Programs
International Center for Law & Economics
Associate Professor of Law And Co-Director of Space,
Cyber, and Telecom Law Program
Nebraska College of Law - Mark A. Jamison
Director and Gunter Professor, Public Utility Research Center
University of Florida - Stan Liebowitz
Ashbel Smith Professor of Managerial Economics
University of Texas at Dallas - Daniel A. Lyons
Associate Professor of Law
Boston College Law School - Geoffrey A. Manne
President and Founder
International Center for Law & Economics - Michael Sykuta
Associate Professor, Applied Social Sciences
University of Missouri – Columbia