Congressional Review Act Cannot Restore Net Neutrality

Law360 (March 22, 2018, 5:36 PM EDT) -- In their zeal to undo the Federal Communication Commission’s Restoring Internet Freedom Order,[1] some members of Congress have seized upon the Congressional Review Act (CRA), a seldom-used tool that permits Congress to overturn a rule issued by a federal agency. However, the CRA would not achieve the objectives its proponents purportedly seek to accomplish, even assuming the resolution to disapprove were passed by Congress and signed by the president.

The CRA would not undo the FCC’s decision to classify broadband internet access service as an information service. That classification decision was the result of an adjudication and is embodied in an...

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