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FEDERAL COMMUNICATIONS COMMISSION

WASHINGTO N

OFFICE OF

August I, 2014

THE CHAIR MAN

The Honorable Edward Markey

United States Senate

218 Russell Senate Office Building

Washington, D.C. 20510

Dear Senator Markey:

Thank you for writing to express your support for the need to reinstate rules to preserve

an open Internet for all Americans by utilizing Title II of the Communications Act. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process of reinstating rules. Your letter touches on some of the most important issues

presented in the Notice, and I will ensure that it is included in the record of the proceeding and

considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The overwhelming

response to this issue demonstrates how important it is to reinstate strong rules that will stop

broadband providers from limiting Internet openness. Unless and until the Commission adopts

new rules, broadband providers will be free to block, degrade, or otherwise disadvantage

innovative services on the Internet without threat of sanction by the FCC.

As I stated in the June 30, 2014, letter to you, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. However, the Commission is also seriously

considering moving forward to adopt rules using Title II of the Communications Act as the

foundation for our legal authority. The Notice asks specific questions about Title II, including

whether the Commission should I) revisit its classification of Broadband Internet Access as an

information service; or 2) separately identify and classify as a telecommunications service a

service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a

May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both

Section 706 and Title II, including the benefits of one approach over the other, to ensure the

Internet remains an open platform for innovation and expression.

As you know, the first deadline for submitting comments ended on July 18, 2014, and we

have provided a reply period through September 10, 2014, that will allow everyone an

opportunity to participate. I look forward to the additional input that we will receive.

image02-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF

August 1, 2014

THE CHAIRM A N

The Honorable Richard Blumenthal

United States Senate

702 Hart Senate Office Building

Washington, D.C. 20510

Dear Senator Blumenthal:

Thank you for writing to express your support for the need to reinstate rules to preserve

an open Internet for all Americans by utilizing Title II of the Communications Act. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process of reinstating rules. Your letter touches on some of the most important issues

presented in the Notice, and I will ensure that it is included in the record of the proceeding and

considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The overwhelming

response to this issue demonstrates how important it is to reinstate strong rules that will stop

broadband providers from limiting Internet openness. Unless and until the Commission adopts

new rules, broadband providers will be free to block, degrade, or otherwise disadvantage

innovative services on the Internet without threat of sanction by the FCC.

As 1 stated in the June 30, 2014, letter to you, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. However, the Commission is also seriously

considering moving forward to adopt rules using Title II of the Communications Act as the

foundation for our legal authority. The Notice asks specific questions about Title II, including

whether the Commission should I) revisit its classification of Broadband Internet Access as an

information service; or 2) separately identify and classify as a telecommunications service a

service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a

May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both

Section 706 and Title II, including the benefits of one approach over the other, to ensure the

Internet remains an open platform for innovation and expression.

As you know, the first deadline for submitting comments ended on July 18, 2014, and we

have provided a reply period through September I 0, 2014, that will allow everyone an

opportunity to participate. I look forward to the additional input that we will receive.

image03-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OI'FICE 01'

August 1, 2014

THE CH ... IRMAN

The Honorable Cory Booker

United States Senate

141 Hart Senate Office Building

Washington, D.C. 20510

Dear Senator Booker:

Thank you for writing to express your support for the need to reinstate rules to preserve

an open Internet for all Americans by utilizing Title II of the Communications Act. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process of reinstating rules. Your letter touches on some of the most important issues

presented in the Notice, and I will ensure that it is included in the record of the proceeding and

considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The overwhelming

response to this issue demonstrates how important it is to reinstate strong rules that will stop

broadband providers from limiting Internet openness. Unless and until the Commission adopts

new rules, broadband providers will be free to block, degrade, or otherwise disadvantage

innovative services on the Internet without threat of sanction by the FCC.

As I stated in the June 30, 2014, letter to you, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. However, the Commission is also seriously

considering moving forward to adopt rules using Title II of the Communications Act as the

foundation for our legal authority. The Notice asks specific questions about Title II, including

whether the Commission should 1) revisit its classification ofBroadband Internet Access as an

information service; or 2) separately identify and classify as a telecommunications service a

service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a

May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both

Section 706 and Title II, including the benefits of one approach over the other, to ensure the

Internet remains an open platform for innovation and expression.

As you know, the first deadline for submitting comments ended on July 18, 2014, and we

have provided a reply period through September 1 0, 2014, that will allow everyone an

opportunity to participate. I look forward to the additional input that we will receive.

image04-00.jpg612x792

Page 2-

The Honorable Cory Booker

Again, I appreciate your deep interest in this matter and look forward to continued

engagement with you as the proceeding moves forward.

s;_u~~

Tom Wheeler

image05-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF

August 1, 2014

THE CHAI R MA N

The Honorable Barbara Boxer

United States Senate

112 Hart Senate Office Building

Washington, D.C. 2051 0;

Dear Senator Boxer:

Thank you for writing to express your support for the need to reinstate rules to preserve

an open Internet for all Americans by utilizing Title II of the Communications Act. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process of reinstating rules. Your letter touches on some of the most important issues

presented in the Notice, and I will ensure that it is included in the record of the proceeding and

considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The overwhelming

response to this issue demonstrates how important it is to reinstate strong rules that will stop

broadband providers from limiting Internet openness. Unless and until the Commission adopts

new rules, broadband providers will be free to block, degrade, or otherwise disadvantage

innovative services on the Internet without threat of sanction by the FCC.

As I stated in the June 30, 2014, letter to you, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. However, the Commission is also seriously

considering moving forward to adopt rules using Title 11 of the Communications Act as the

foundation for our legal authority. The Notice asks specific questions about Title II, including

whether the Commission should 1) revisit its classification of Broadband Internet Access as an

information service; or 2) separately identify and classify as a telecommunications service a

service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a

May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both

Section 706 and Title II, including the benefits of one approach over the other, to ensure the

Internet remains an open platform for innovation and expression.

As you know, the first deadline for submitting comments ended on July 18, 2014, and we

have provided a reply period through September 10, 2014, that will allow everyone an

opportunity to participate. I look forward to the additional input that we will receive.

image06-00.jpg612x792

Page 2-

The Honorable Barbara Boxer

Again, I appreciate your deep interest in this matter and look forward to continued

engagement with you as the proceeding moves forward.

d?-

TomW

image07-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OHICE OF

August 1, 2014

THE CHAIR"1 AN

The Honorable AI Franken

United States Senate

309 Hart Senate Office Building

Washington, D.C. 20510

Dear Senator Franken:

Thank you for writing to express your support for the need to reinstate rules to preserve

an open Internet for all Americans by utilizing Title II of the Communications Act. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process of reinstating rules. Your letter touches on some of the most important issues

presented in the Notice, and I will ensure that it is included in the record of the proceeding and

considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The overwhelming

response to this issue demonstrates how important it is to reinstate strong rules that will stop

broadband providers from limiting Internet openness. Unless and until the Commission adopts

new rules, broadband providers will be free to block, degrade, or otherwise disadvantage

innovative services on the Internet without threat of sanction by the FCC.

As I stated in the June 30, 2014, letter to you, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. However, the Commission is also seriously

considering moving forward to adopt rules using Title II of the Communications Act as the

foundation for our legal authority. The Notice asks specific questions about Title II, including

whether the Commission should 1) revisit its classification of Broadband Internet Access as an

information service; or 2) separately identify and classify as a telecommunications service a

service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a

May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both

Section 706 and Title 11, including the benefits of one approach over the other, to ensure the

Internet remains an open platform for innovation and expression.

As you know, the first deadline for submitting comments ended on July 18, 2014, and we

have provided a reply period through September 1 0, 2014, that will allow everyone an

opportunity to participate. I look forward to the additional input that we will receive.

image08-00.jpg612x792

Page 2-

The Honorable AI Franken

_j,' t--

Again, I appreciate your deep interest in this matter and look forward to continued

engagement with you as the proceeding moves forward.

smcerely,

~~t

image09-00.jpg612x792

FEDERAL COM M UN !CATIONS COMMISS I ON

WASHINGTON

OFf'ICE OF'

August 1, 2014

THE CHAI RMAN

The Honorable Kirsten Gillibrand

United States Senate

4 78 Russell Senate Office Building

Washington, D.C. 20510

Dear Senator Gillibrand:

Thank you for writing to express your support for the need to reinstate rules to preserve

an open Internet for all Americans by utilizing Title II of the Communications Act. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process of reinstating rules. Your letter touches on some of the most important issues

presented in the Notice, and I will ensure that it is included in the record of the proceeding and

considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The overwhelming

response to this issue demonstrates how important it is to reinstate strong rules that will stop

broadband providers from limiting Internet openness. Unless and until the Commission adopts

new rules, broadband providers will be free to block, degrade, or otherwise disadvantage

innovative services on the Internet without threat of sanction by the FCC.

As I stated in the June 30, 2014, letter to you, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. However, the Commission is also seriously

considering moving forward to adopt rules using Title II of the Communications Act as the

foundation for our legal authority. The Notice asks specific questions about Title II, including

whether the Commission should 1) revisit its classification of Broadband Internet Access as an

information service; or 2) separately identify and classify as a telecommunications service a

service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a

May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both

Section 706 and Title II, including the benefits of one approach over the other, to ensure the

Internet remains an open platform for innovation and expression.

As you know, the first deadline for submitting comments ended on July 18, 2014, and we

have provided a reply period through September 10, 2014, that will allow everyone an

opportunity to participate. I look forward to the additional input that we will receive.

image10-00.jpg612x792

Page 2-

The Honorable Kirsten Gillibrand

Again, I appreciate your deep interest in this matter and look forward to continued

engagement with you as the proceeding moves forward.

;_~~t--

Tom Wheeler

image11-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISS ION

WASHINGTON

OFFICE OF

August 1, 2014

THE CHAIR M A N

The Honorable Jeff Merkley

United States Senate

107 Russell Senate Office Building

Washington, D.C. 20510

Dear Senator Merkley:

Thank you for writing to express your support for the need to reinstate rules to preserve

an open Internet for all Americans by utilizing Title II of the Communications Act. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process of reinstating rules. Your letter touches on some of the most important issues

presented in the Notice, and I will ensure that it is included in the record of the proceeding and

considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The overwhelming

response to this issue demonstrates how important it is to reinstate strong rules that will stop

broadband providers from limiting Internet openness. Unless and until the Commission adopts

new rules, broadband providers will be free to block, degrade, or otherwise disadvantage

innovative services on the Internet without threat of sanction by the FCC.

As I stated in the June 30, 2014, letter to you, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. However, the Commission is also seriously

considering moving forward to adopt rules using Title II of the Communications Act as the

foundation for our legal authority. The Notice asks specific questions about Title II, including

whether the Commission should 1) revisit its classification of Broadband Internet Access as an

information service; or 2) separately identify and classify as a telecommunications service a

service that "broadband providers .. . furnish to edge providers," as proposed by Mozilla in a

May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both

Section 706 and Title II, including the benefits of one approach over the other, to ensure the

Internet remains an open platform for innovation and expression.

As you know, the first deadline for submitting comments ended on July 18, 2014, and we

have provided a reply period through September 10, 2014, that will allow everyone an

opportunity to participate. I look forward to the additional input that we will receive.

image12-00.jpg612x792

Page 2-

The Honorable Jeff Merkley

Again, I appreciate your deep interest in this matter and look forward to continued

engagement with you as the proceeding moves forward.

_:_;;·A~( t-

Tom Wheeler

image13-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF

August 1, 2014

THE CHAI RM AN

The Honorable Bernard Sanders

United States Senate

332 Dirksen Senate Office Building

Washington, D.C. 20510

Dear Senator Sanders:

Thank you for writing to express your support for the need to reinstate rules to preserve

an open Internet for all Americans by utilizing Title II of the Communications Act. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process of reinstating rules. Your letter touches on some of the most important issues

presented in the Notice, and I will ensure that it is included in the record of the proceeding and

considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The overwhelming

response to this issue demonstrates how important it is to reinstate strong rules that will stop

broadband providers from limiting Internet openness. Unless and until the Commission adopts

new rules, broadband providers will be free to block, degrade, or otherwise disadvantage

innovative services on the Internet without threat of sanction by the FCC.

As I stated in the June 30, 2014, letter to you, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. However, the Commission is also seriously

considering moving forward to adopt rules using Title II of the Communications Act as the

foundation for our legal authority. The Notice asks specific questions about Title II, including

whether the Commission should 1) revisit its classification of Broadband Internet Access as an

information service; or 2) separately identify and classify as a telecommunications service a

service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a

May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both

Section 706 and Title II, including the benefits of one approach over the other, to ensure the

Internet remains an open platform for innovation and expression.

As you know, the first deadline for submitting comments ended on July 18, 2014, and we

have provided a reply period through September 1 0, 2014, that will allow everyone an

opportunity to participate. I look forward to the additional input that we will receive.

image14-00.jpg612x792

Page 2-

The Honorable Bernard Sanders

Again, I appreciate your deep interest in this matter and look forward to continued

engagement with you as the proceeding moves forward.

;;:1~

t/-

Tom Wheeler

image15-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISS I ON

WASHINGTON

OFFICE OF

August 1, 2014

THE C H AIRM A N

The Honorable Charles Schumer

United States Senate

322 Hart Senate Office Building

Washington, D.C. 20510

Dear Senator Schumer:

Thank you for writing to express your support for the need to reinstate rules to preserve

an open Internet for all Americans by utilizing Title II of the Communications Act. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process of reinstating rules. Your letter touches on some of the most important issues

presented in the Notice, and I will ensure that it is included in the record of the proceeding and

considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The overwhelming

response to this issue demonstrates how important it is to reinstate strong rules that will stop

broadband providers from limiting Internet openness. Unless and until the Commission adopts

new rules, broadband providers will be free to block, degrade, or otherwise disadvantage

innovative services on the Internet without threat of sanction by the FCC.

As I stated in the June 30, 2014, letter to you, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. However, the Commission is also seriously

considering moving forward to adopt rules using Title II of the Communications Act as the

foundation for our legal authority. The Notice asks specific questions about Title II, including

whether the Commission should 1) revisit its classification of Broadband Internet Access as an

information service; or 2) separately identify and classify as a telecommunications service a

service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a

May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both

Section 706 and Title II, including the benefits of one approach over the other, to ensure the

Internet remains an open platform for innovation and expression.

As you know, the first deadline for submitting comments ended on July 18, 2014, and we

have provided a reply period through September 10, 2014, that will allow everyone an

opportunity to participate. I look forward to the additional input that we will receive.

image16-00.jpg612x792

Page 2-

The Honorable Charles Schumer

Again, I appreciate your deep interest in this matter and look forward to continued

engagement with you as the proceeding moves forward.

Ŵheeler

image17-00.jpg612x792

FEDERAL COMM U N I CATI ONS C O MMIS S ION

W ASHINGTON

Of"FICE OF

August 1, 2014

THE CHAIRM AN

The Honorable Elizabeth Warren

United States Senate

C2 Russell Senate Office Building

Washington, D.C. 20510

Dear Senator Warren:

Thank you for writing to express your support for the need to reinstate rules to preserve

an open Internet for all Americans by utilizing Title II of the Communications Act. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process of reinstating rules. Your Jetter touches on some of the most important issues

presented in the Notice, and I will ensure that it is included in the record of the proceeding and

considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The overwhelming

response to this issue demonstrates how important it is to reinstate strong rules that will stop

broadband providers from limiting Internet openness. Unless and until the Commission adopts

new rules, broadband providers will be free to block, degrade, or otherwise disadvantage

innovative services on the Internet without threat of sanction by the FCC.

As I stated in the June 30, 2014, letter to you, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. However, the Commission is also seriously

considering moving forward to adopt rules using Title II of the Communications Act as the

foundation for our legal authority. The Notice asks specific questions about Title II, including

whether the Commission should 1) revisit its classification of Broadband Internet Access as an

information service; or 2) separately identify and classify as a telecommunications service a

service that "broadband providers . .. furnish to edge providers," as proposed by Mozilla in a

May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both

Section 706 and Title II, including the benefits of one approach over the other, to ensure the

Internet remains an open platform for innovation and expression.

As you know, the first deadline for submitting comments ended on July 18, 2014, and we

have provided a reply period through September 10, 2014, that will allow everyone an

opportunity to participate. I look forward to the additional input that we will receive.

image18-00.jpg612x792

Page 2-

The Honorable Elizabeth Warren

Again, I appreciate your deep interest in this matter and look forward to continued

engagement with you as the proceeding moves forward.

Sincerely/!~~--

e.hecJcr

image19-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF"

August 1, 2014

THE CHAIR MAN

The Honorable Ron Wyden

United States Senate

223 Dirksen Senate Office Building

Washington, D.C. 20510

Dear Senator Wyden:

Thank you for writing to express your support for the need to reinstate rules to preserve

an open Internet for all Americans by utilizing Title II of the Communications Act. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process of reinstating rules. Your letter touches on some of the most important issues

presented in the Notice, and I will ensure that it is included in the record of the proceeding and

considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The overwhelming

response to this issue demonstrates how important it is to reinstate strong rules that will stop

broadband providers from limiting Internet openness. Unless and until the Commission adopts

new rules, broadband providers will be free to block, degrade, or otherwise disadvantage

innovative services on the Internet without threat of sanction by the FCC.

As I stated in the June 30, 2014, letter to you, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. However, the Commission is also seriously

considering moving forward to adopt rules using Title II of the Communications Act as the

foundation for our legal authority. The Notice asks specific questions about Title II, including

whether the Commission should 1) revisit its classification of Broadband Internet Access as an

information service; or 2) separately identify and classify as a telecommunications service a

service that "broadband providers . .. furnish to edge providers," as proposed by Mozilla in a

May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both

Section 706 and Title II, including the benefits of one approach over the other, to ensure the

Internet remains an open platform for innovation and expression.

As you know, the first deadline for submitting comments ended on July 18, 2014, and we

have provided a reply period through September 1 0, 2014, that will allow everyone an

opportunity to participate. I look forward to the additional input that we will receive.

image20-00.jpg612x792

Page 2-

The Honorable Ron Wyden

Again, I appreciate your deep interest in this matter and look forward to continued

engagement with you as the proceeding moves forward.

Sincerely,

~

Tom Wheeler

image21-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OrFIC£ OF

August 1, 2014

THE CHAIRM AN

The Honorable Benjamin Cardin

United States Senate

509 Hart Senate Office Building

Washington, D.C. 20510

Dear Senator Cardin:

Thank you for writing to express your concerns regarding the need to reinstate rules to

preserve an open Internet for all Americans. I share your sense of urgency on this matter. For

this reason, I moved with dispatch to initiate a proceeding to consider new open Internet rules to

replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you

know, the Notice of Proposed Rule making ("Notice") adopted by the Commission in May 2014

begins that process. Therein, we ask a number of questions about the rules we need to adopt, as

well as the appropriate legal foundation for such rules. Your letter touches on some of the most

important issues presented in the Notice, and I will ensure that it is included in the record ofthe

proceeding and considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The

overwhelming response to this issue demonstrates how important it is to reinstate strong rules

that will stop broadband providers from limiting Internet openness.

The Commission has struggled for over a decade with how best to protect and promote an

open Internet. While there has been bipartisan consensus, starting under the Bush

Administration with Chairman Powell, on the importance of an open Internet to economic

growth, investment, and innovation, we find ourselves today faced with the worst case scenario:

we have no Open Internet rules in place to stop broadband providers from limiting Internet

openness. The status quo is unacceptable. The Commission has already found, and the court has

agreed, that broadband providers have economic incentives and technological tools to engage in

behavior that can limit Internet openness and harm consumers and competition. As such, the

Commission must craft meaningful rules to protect the open Internet, and it must do so promptly.

I can assure you that we will utilize the best tools available to ensure the Commission adopts

effective and resilient open Internet rules. Unless and until the Commission adopts new rules,

broadband providers will be free to block, degrade, or otherwise disadvantage innovative

services on the Internet without threat of sanction by the FCC.

image22-00.jpg612x792

Page 2-The Honorable Benjamin Cardin

With respect to the legal foundation of the rules, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. Nevertheless, as you suggest in your letter, the

Commission is also seriously considering moving forward to adopt rules using Title II of the

Communications Act as the foundation for our legal authority. The Notice asks specific

questions about Title II, including whether the Commission should 1) revisit its classification of

Broadband Internet Access as an information service; or 2) separately identify and classify as a

telecommunications service a service that "broadband providers ... furnish to edge providers,"

as proposed by Mozilla in a May 5 Petition filed with the agency. The Notice seeks comment on

the benefits of both Section 706 and Title II, including the benefits of one approach over the

other, to ensure the Internet remains an open platform for innovation and expression.

With respect to the substance of the rules, the proposals and questions in the Notice are

designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to

protect the open Internet and prevent broadband providers from harming consumers or

competition. I am especially sensitive to concerns about paid prioritization arrangements, and

the potential such arrangements have for creating an Internet that is fast for a few, and slow for

everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust

and open for everyone. The Notice addresses this issue head-on, even asking if paid

prioritization should be banned outright. It also proposes clear rules of the road and aggressive

enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small

companies and startups must be able to reach consumers with their innovative products and

services, and they must be protected against harmful conduct by broadband providers.

The Notice includes a number of proposals designed to empower consumers and small

businesses who may find themselves subject to harmful behavior by a broadband provider. For

example, the Court of Appeals did uphold our existing transparency rule, and the Notice

proposes to strengthen that rule to require that networks disclose any practices that could change

a consumer's or a content provider's relationship with the network. The Notice proposes the

creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses

and consumers. And the Notice seeks comment on how to ensure that all parties, and especially

small businesses and start-ups, have effective access to the Commission's dispute resolution and

enforcement processes.

This Notice is the first step in the process, and I look forward to comments from all

interested stakeholders, including members of the general public, as we develop a fulsome record

on the many questions raised in the Notice. To that end, in an effort to maximize public

participation in this proceeding, we have established an Open Internet email address -

openinternet@fcc.gov -

to ensure that Americans who may not otherwise have the opportunity

to participate in an FCC proceeding can make their voices heard. In addition, to ensure sufficient

opportunity for broad public comment, we have provided a lengthy comment and reply period

through September 10, 2014, that will allow everyone an opportunity to participate.

image23-00.jpg612x792

Page 3-

The Honorable Benjamin Cardin

Again, I appreciate your deep interest in this matter and look forward to continued

engagement with you as the proceeding moves forward.

image24-00.jpg612x792

FEDERAL COMMUNICATIONS COMMISSION

WASHINGTON

OFFICE OF

August 1, 2014

THE C H AIRM AN

The Honorable Sheldon Whitehouse

United States Senate

502 Hart Senate Office Building

Washington, D.C. 20510

Dear Senator Whitehouse:

Thank you for writing to express your concerns regarding the need to reinstate rules to

preserve an open Internet for all Americans. I share your sense of urgency on this matter. For

this reason, I moved with dispatch to initiate a proceeding to consider new open Internet rules to

replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you

know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014

begins that process. Therein, we ask a number of questions about the rules we need to adopt, as

well as the appropriate legal foundation for such rules. Your letter touches on some of the most

important issues presented in the Notice, and I will ensure that it is included in the record of the

proceeding and considered as part of the Commission's review.

The Notice asks a fundamental question: "What is the right public policy to ensure that

the Internet remains open?" I am grateful that Americans have answered the call. We have

received over one million comments on the Notice from the American public. The

overwhelming response to this issue demonstrates how important it is to reinstate strong rules

that will stop broadband providers from limiting Internet openness.

The Commission has struggled for over a decade with how best to protect and promote an

open Internet. While there has been bipartisan consensus, starting under the Bush

Administration with Chairman Powell, on the importance of an open Internet to economic

growth, investment, and innovation, we find ourselves today faced with the worst case scenario:

we have no Open Internet rules in place to stop broadband providers from limiting Internet

openness. The status quo is unacceptable. The Commission has already found, and the court has

agreed, that broadband providers have economic incentives and technological tools to engage in

behavior that can limit Internet openness and harm consumers and competition. As such, the

Commission must craft meaningful rules to protect the open Internet, and it must do so promptly.

I can assure you that we will utilize the best tools available to ensure the Commission adopts

effective and resilient open Internet rules. Unless and until the Commission adopts new rules,

broadband providers will be free to block, degrade, or otherwise disadvantage innovative

services on the Internet without threat of sanction by the FCC.

image25-00.jpg612x792

Page 2-

The Honorable Sheldon Whitehouse

With respect to the legal foundation of the rules, our Notice proposes that the Section 706

framework set forth by the court provides us with the tools we need to adopt and implement

robust and enforceable Open Internet rules. Nevertheless, as you suggest in your letter, the

Commission is also seriously considering moving forward to adopt rules using Title II of the

Communications Act as the foundation for our legal authority. The Notice asks specific

questions about Title II, including whether the Commission should 1) revisit its classification of

Broadband Internet Access as an information service; or 2) separately identify and classify as a

telecommunications service a service that "broadband providers ... furnish to edge providers,"

as proposed by Mozilla in a May 5 Petition filed with the agency. The Notice seeks comment on

the benefits of both Section 706 and Title II, including the benefits of one approach over the

other, to ensure the Internet remains an open platform for innovation and expression.

With respect to the substance of the rules, the proposals and questions in the Notice are

designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to

protect the open Internet and prevent broadband providers from harming consumers or

competition. I am especially sensitive to concerns about paid prioritization arrangements, and

the potential such arrangements have for creating an Internet that is fast for a few, and slow for

everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust

and open for everyone. The Notice addresses this issue head-on, even asking if paid

prioritization should be banned outright. It also proposes clear rules of the road and aggressive

enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small

companies and startups must be able to reach consumers with their innovative products and

services, and they must be protected against harmful conduct by broadband providers.

The Notice includes a number of proposals designed to empower consumers and small

businesses who may find themselves subject to harmful behavior by a broadband provider. For

example, the Court of Appeals did uphold our existing transparency rule, and the Notice

proposes to strengthen that rule to require that networks disclose any practices that could change

a consumer's or a content provider's relationship with the network. The Notice proposes the

creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses

and consumers. And the Notice seeks comment on how to ensure that all parties, and especially

small businesses and start-ups, have effective access to the Commission's dispute resolution and

enforcement processes.

This Notice is the first step in the process, and I look forward to comments from all

interested stakeholders, including members of the general public, as we develop a fulsome record

on the many questions raised in the Notice. To that end, in an effort to maximize public

participation in this proceeding, we have established an Open Internet email address -

openinternet@fcc.gov- to ensure that Americans who may not otherwise have the opportunity

to participate in an FCC proceeding can make their voices heard. In addition, to ensure sufficient

opportunity for broad public comment, we have provided a lengthy comment and reply period

through September 10, 2014, that will allow everyone an opportunity to participate.

image26-00.jpg612x792

Page 3-

The Honorable Sheldon Whitehouse

A 4 L

Again, I appreciate your deep interest in this matter and look forward to continued

engagement with you as the proceeding moves forw::cerely,

liêler

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