The House Committee on Energy and Commerce

Prepared Statement of The Honorable Joe Barton

How Internet Protocol-Enabled Services Are Changing the Face of Communications: A View from Government Officials

Subcommittee on Telecommunications and the Internet
April 27, 2005

Mr. Chairman, thank you for holding this hearing. During the several months, this subcommittee has conducted three hearings on how Internet Protocol technology is revolutionizing communications. Today, we will hear from state and local officials, and other interested parties, who hold views regarding the proper distribution of authority over Internet services among federal, state, and local governments.

Given the global reach of the Internet, Internet services are inherently interstate in nature. Even if Internet services have intrastate and interstate components, the FCC has determined that it is not possible to separate those components for jurisdictional purposes. As a result, states cannot regulate Internet services without conflicting with federal policy over the Internet and interstate services.

And a federal policy for Internet services is critical. We cannot expect new entrants to succeed in the Internet market if they have to comply with 52 different jurisdictions, not to mention if they have to comply with rules set by thousands of local franchising authorities.

We need a federal policy with federal rules. There may be a constructive role for States and localities to play in implementing national rules, a role that I hope we examine fully in this hearing. But the Internet has thrived because it has been largely free from regulation. Burdening the Internet with multiple layers of bureaucracy will slow down its growth and slow down the deployment of innovative new services to consumers.

I look forward to today's testimony, and welcome our witnesses' help in examining the proper distribution of authority over Internet services among federal, state, and local officials.

Today we stand on the threshold of a new age in communications. The 1996 Telecommunications Act served an important purpose, but technology has moved on. This year, one of my high priorities is to update the old act and to do it well. The right approach will invigorate the tech sector and produce jobs, growth and opportunity for its workers. American consumers will get an array of services and choices that were unimagined just a few years ago. I can't wait to get started.

I yield back.