Senator Edward J. Markey has released "Senator Markey and Congresswoman Eshoo Lead Members of Congress in Amicus Brief Challenging the FCC’s Net Neutrality Repeal."
Here's an excerpt:
Senator Edward J. Markey (D-Mass.), Congresswoman Anna G. Eshoo (D-Calif.) and 27 U.S. Senators and 76 members of the House of Representatives filed an Amicus Brief with the D.C. Circuit Court of Appeals challenging the Federal Communication Commission’s (FCC) December 2017 decision to eliminate net neutrality rules. The FCC’s decision repealed the 2015 Open Internet rules, which categorized broadband internet access as a telecommunications service and prohibited Internet Service Providers (ISPs) from engaging in discriminatory practices, such as blocking or throttling online content and establishing internet fast and slow lanes.
A copy of the Amicus Brief can be found HERE.
In their amicus brief, the members of Congress, several of whom were instrumental in enacting the Telecommunications Act of 1996, state that under the plain language of the Act, internet providers offer a telecommunications service. Congress also intended that the definition of "telecommunications service" be applicable to changing technologies and markets on a technologically neutral and forward-looking basis.