Senator Jim DeMint (R-SC) is working on a bill that would make it much more difficult for the FCC to expand and codify its network neutrality guidelines, and would rein in the FCC’s authority over competition policy in the process by establishing a “competition analysis-based regulatory framework.”

By John Eggerton — Broadcasting & Cable

A source confirms that bill language is being worked on, but is not final.

The Freedom for Consumer Choice [FCC] Act, according one version being floated Tuesday,  would prevent the FCC from issuing any rules on unfair methods of competition or unfair or deceptive acts or practices unless it had determined first, via a rulemaking, that the marketplace was not sufficient to protect consumers, that the act or practice causes or is likely to cause substantial injury, that consumers can’t avoid that consequence themselves, and that the injury is not outweighed by “countervailing benefits to consumers or competition.

There would be a five-year sunset on any regs that did pass that test, unless the FCC could affirmatively re-justify them.

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