FEDERAL COMMUNICATIONS COMMISSION 
                                   WASHINGTON 

        
OFFICE OF THE 
  CHAIRWOMAN                              December 5, 2023 
                            
   
   
  The Honorable Eric Schmitt  
 United States Senate  
 B11 Senate Russell Office Building  
 Washington, DC 20510  
  
 Dear Senator Schmitt: 
  
       Thank you for your letter regarding the Safeguarding and Securing the Open Internet 
 proceeding at the Federal Communications Commission. 
  
       I appreciate your views on this matter and will ensure that your comments are carefully 
 considered in this rulemaking proceeding.  I believe that broadband is an essential service.  The 
 pandemic demonstrated this with striking clarity.  Everyone, everywhere in this country needs 
 access to broadband to have a fair shot at 21st century success.   
       However, in 2017, despite overwhelming opposition, the Federal Communications 
 Commission repealed its net neutrality policy and stepped away from its authority over 
 broadband.  This decision put the agency on the wrong side of history, the wrong side of the law, 
 and the wrong side of the American public.  As a result, it means that in the United States today 
 there is no expert agency ensuring that access to the internet is fast, open, and fair.  This retreat 
 from oversight of broadband—a service we now know is necessary for modern life—has also 
 exposed serious safety and security vulnerabilities that cannot stand. 
       That is why on October 19, 2023, the agency initiated a proceeding to support a fast, 
 open, and fair internet and restore the agency’s authority over broadband service.  The 
 rulemaking that we adopted proposes to reinstate enforceable, bright-line rules to prevent 
 blocking, throttling, and paid prioritization.  These rules would ensure that the internet remains 
 open and a haven for creating without permission, building community beyond geography, and 
 organizing without physical constraints.  They are also rules that have been upheld in court.  In 
 other words, our legal system has already pronounced the rules we have proposed lawful and 
 proper under the Communications Act.   
       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. 
  

 Page 2—The Honorable Eric Schmitt 
  
       A copy of your letter has been placed in the docket for this proceeding, and I look 
 forward to receiving other comments on all aspects of this rulemaking, including the agency’s 
legal authority in this area.  I assure you that they will be carefully considered. 

                                    Sincerely, 

                                                                     
                                    Jessica Rosenworcel