'tinitcd~tetcs~cnetc
WASHINGTON, DC 20510
July 27, 2011
The Honorable Julius Genachowski
Chairman
Federal Communications Commission
445 12" Street, SW
Washington, DC 20554
Dear Mr. Chairman:
As~emb~sof the Senate Commerce, Science and Transportation Committee, we write
to follow up on Senator Heller's July 12 letter regarding President Obarna's Memorandum for
the Heads of Independent Regulatory Agencies (issued on July 11, 2011), and the FCC's Internet
network regulatory regime, also known as "net neutrality." To date, Senator Heller has not
received a response from you.
As yOll know, on July 11. President Obama issued an Executive Order formally asking
independent agencies to join executive agencies in reducing regulations that place unnecessary
burdens on American businesses and the American people. We applaud the President's decision
to ask independent agencies such as the FCC to join in this effort.
Specifically, we concur that each executive and independent agency should propose or
adopt a regulation only upon a reasoned detennination that its benefits justify the costs.
Furthermore, we believe that had these Executive Orders been implemented before net neutrality
rules were approved by a vote of3-2 by the FCC on December 21, 20 I0, the Commission would
have made a more informed decision.
Therefore, we respectfully request that before nel neutrality rules go into effect, you
honor the intent ofthe President's Executive Order by applying a retrospective review towards
the net neutrality order and pursuing a cost benefit analysis. If not, please provide us with a
detailed explanation.
We, the undersigned, request your response to these questions in writing within two
weeks ofthe date of this letter.
Sincerely,
~1Juk
DEAN HELLER
U.S. Senator
TCHINSON
0959
ROGER WICKER
U.S. Senator
MARCO RUBIO
U.S. Senator
JOHN THUNE
U.S. Senator
~~~a-
JOHN BOOZMAN
U.S. Senator
..
~~~~~&
U.S. Senator
~~;!:l~~-S~O=N=--
U.S. Senator