Chairwoman Rosenworcel's Response to Sen Schmitt (R-MO) regarding the Safeguarding and Securing the Open Internet Proceeding

In November 2023, Senator Eric Schmitt (R-MO) wrote a letter to Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel expressing concerns about the open internet proceedings, and requesting that Chairwoman Rosenworcel 1) "identify the specific authority granted by Congress that provides a legal justification to support the Commission’s decision to move forward on net neutrality;" 2) confirm her belief "that reclassifying BIAS as a Title II common carrier service would be a regulation of 'vast economic and political significance;'" 3) "provide a specific legal rationale as to why the FCC is able to move forward with rulemaking on net neutrality;" and 4) explain how the Commission is preparing for "an almost certain legal challenge under the major questions doctrine." In her January 16 response, Chairwoman Rosenworcel explained that the proposed rules have already been upheld in court, and that the FCC welcomes comment on the proceedings. "The rulemaking contains a detailed discussion of the FCC’s legal authority to classify broadband under Title II of the Communications Act. It also seeks comment on that authority, as well as constitutional considerations that should inform the agency’s evaluation of the issues."