Press Releases

Arlington, VA (August 6, 2015) - The Telecommunications Industry Association (TIA), the leading association representing the manufacturers and suppliers of high-tech communications networks, announced today it is filing an amicus brief challenging the legality of the FCC’s order to regulate the Internet under Title II regulations. According to both TIA, the FCC’s decision to use a regulatory framework developed in 1934 for a monopoly telephone network did not include a proper evaluation of the impact on broadband investment.

TIA’s legal brief, to be filed today with the U.S. Court of Appeals for D.C. Circuit, supports the petitioners in the case U.S. Telecom Association, et al., v Federal Communications Commission (FCC). TIA states in the brief that the “FCC failed to consider and respond adequately to extensive record evidence demonstrating that reclassification of broadband Internet access as a common-carriage ‘telecommunications service’ would significantly diminish investment in broadband networks.” Thus, TIA argues the rulemaking was “arbitrary and capricious” and the Court should vacate the FCC’s order.

Scott Belcher, Chief Executive Officer at TIA, said: “TIA has long argued that there is no good reason for the FCC to regulate the Internet under antiquated and onerous Title II regulations that will harm consumers, the U.S. economy, and innovation. Today, we’re taking that argument to the courts.”

“The Commission’s action flies in the face of its own stated goal of fostering broadband investment to benefit consumers,” Belcher continued. “It ignored the clear facts showing that heavy-handed regulation of the Internet reduces investment in broadband upgrades and deployment. The Court must set the record straight.”

Tim Regan, Senior Vice President at Corning and a TIA Board Member, said: “The FCC’s record is replete with sound evidence that demonstrates the adverse impact of Title II regulation on broadband investment. The evidence is validated in a recent analysis by  RVA Market Research that assesses the adverse impact of Title II regulation on investment in fiber-to-the-home, the most advanced “big broadband” capability that enables gigabit access. This study projected a 10% to 40% reduction over the next decade in such investment from the base case. We are optimistic that the court will reverse the FCC’s decision because the Commission failed to give full consideration to the powerful evidence in the record on the adverse investment impact of the decision.”

Glenn Laxdal, Chief Technology Officer and Head of Strategy at Ericsson North America and TIA Board Member, said: “Ericsson supports TIA’s filing and agrees that burdensome regulation of broadband Internet access is not in the best interest of the industry or the consumer. The unregulated Internet is thriving and growth in broadband investment must continue. We believe the Internet should continue to allow and encourage innovation, customization and user choice.”

A one-page summary of TIA’s amicus brief is available by clicking this link.

The full amicus brief is available by clicking this link.