[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 311 Introduced in House (IH)]

111th CONGRESS
  2d Session
H. CON. RES. 311

   To express the sense of Congress that it is the responsibility of 
     Congress to determine the regulatory authority of the Federal 
 Communications Commission with respect to broadband Internet services.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 30, 2010

Mr. Gene Green of Texas (for himself, Mr. Upton, Mr. Baca, Mr. Barrow, 
Mrs. Blackburn, Mr. Blunt, Mrs. Bono Mack, Mr. Boswell, Mr. Boren, Mr. 
  Bright, Mr. Burgess, Mr. Butterfield, Mr. Buyer, Mr. Childers, Mr. 
Costa, Mr. Cuellar, Mr. Davis of Tennessee, Mr. Gingrey of Georgia, Mr. 
 Griffith, Mr. Hall of Texas, Ms. Eddie Bernice Johnson of Texas, Mr. 
 Latta, Mr. Meeks of New York, Mr. Moore of Kansas, Mr. Tim Murphy of 
Pennsylvania, Mrs. Myrick, Mr. Ortiz, Mr. Pastor of Arizona, Mr. Pitts, 
Mr. Radanovich, Mr. Rahall, Mr. Rogers of Michigan, Ms. Loretta Sanchez 
 of California, Mr. Scalise, Mr. Shadegg, Mr. Shimkus, Mr. Sires, Mr. 
Stearns, Mr. Sullivan, Mr. Terry, Mr. Walden, Mr. Whitfield, Mr. Barton 
 of Texas, Mr. Space, Mr. Hastings of Florida, Mr. Clay, Mr. Wilson of 
 Ohio, Mr. Nye, Mr. Scott of Georgia, and Mr. Hinojosa) submitted the 
following concurrent resolution; which was referred to the Committee on 
                          Energy and Commerce

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
   To express the sense of Congress that it is the responsibility of 
     Congress to determine the regulatory authority of the Federal 
 Communications Commission with respect to broadband Internet services.

Whereas the Constitution of the United States reserves to the legislative branch 
        of government the authority to regulate interstate and foreign commerce;
Whereas Congress enacted The Communications Act of 1934, an Act to provide for 
        the regulation of interstate and foreign communication by wire or radio;
Whereas the Federal Communications Commission was created by Congress to 
        exercise its delegated authority to regulate interstate and foreign 
        communication;
Whereas the Congress has provided the Federal Communications Commission in the 
        Communications Act with the authority to issue such rules, regulations 
        and orders, consistent with this Act, as may be necessary in the public 
        interest to carry out its provisions; the Congress has not authorized 
        the Federal Communications Commission to create law beyond what Congress 
        has enacted and courts have held that the Federal Communications 
        Commission's authority to issue any rules, regulations and orders is 
        limited to the authority delegated by Congress;
Whereas the Federal Communications Commission has commenced a proceeding to 
        consider extending its traditional communications regulation under the 
        Communications Act to include broadband Internet services;
Whereas Congress has not delegated such regulatory authority under the 
        Communications Act to the Federal Communications Commission; and
Whereas the bipartisan leadership of the relevant House and Senate committees 
        has begun a process to consider whether to enact a statute giving the 
        Federal Communications Commission appropriate authority over broadband 
        Internet services: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That--
            (1) it is the responsibility of Congress to determine the 
        regulatory authority of the Federal Communications Commission 
        with respect to broadband Internet services; and
            (2) the Federal Communications Commission should suspend 
        any further action on its proceeding to extend its traditional 
        communications regulatory authority to include broadband 
        Internet services until such time as Congress delegates such 
        authority to the Commission.
                                 <all>