"Today's action by the FCC will hurt our economy, stifle private-sector job creation, and undermine the entrepreneurship and innovation of Internet-related American employers," Rep. John Boehner, the incoming House majority leader, said. "The FCC is attempting to push excessive government regulation of the Internet through without Congressional authority and these actions threaten the very future of the technology," according to Sen. Kay Bailey Hutchison of Texas.
Under the Congressional Review Act of 1996, a resolution of disapproval lets Congress disapprove of regulatory rules issued by federal agencies. If enacted, the rule may not take effect and the agency can't issue similar rules with statutory authorization, according to the Congressional Research Service.
FCC Chairman Julius Genachowski defends the changes, arguing the "freedom and openness of the Internet is unprotected." The rules crafted by the commission will protect basic Internet values, provide a process for monitoring Internet openness and a recourse for innovators, consumers, or speakers harmed by improper practices. It will also provide predictability for Internet service providers so they can manage and invest in networks, he said. "On one end of the spectrum, there are those who say government should do nothing at all. On the other end of the spectrum are those who would adopt a set of detailed and rigid regulations," Genachowski said. "I reject both extremes in favor of a strong and sensible framework – one that protects Internet freedom and openness and promotes robust innovation and investment."