FCC General Counsel Tom Johnson
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The FCC's Authority to Interpret Section 230 of the Communications Act
The policy issues raised by the debate over Section 230 of the Communications Act of 1934 may be complex, but the Federal Communications Commission’s legal authority is straightforward. Simply put, the FCC has the authority to interpret all provisions of the Communications Act, including amendments such as Section 230. This authority flows from the plain meaning of Section 201(b) of the Communications Act of 1934, which confers on the FCC the power to issue rules necessary to carry out the provisions of the Act.
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FCC General Counsel Tom Johnson Remarks at TaxWatch 40th Anniversary
Much like TaxWatch, one of the Federal Communications Commission’s chief priorities under FCC Chairman Ajit Pai has been to serve as a watchdog to identify and repeal bad regulations and learn from the lessons of the past. By eliminating regulations that impose unnecessary costs on the economy, our actions protect the American consumer, facilitate the deployment of new communications networks to connect distant communities, and help close the so-called “digital divide.” Now, the Communications Act envisions an important role for the states and municipal actors (like local utility and zoning