Chairman Wheeler's Stmt on President Obama's Stmt On Open Internet
NEWS
Federal Communications Commission
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This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action.
See MCI v. FCC. 515 F 2d 385 (D.C. Circ 1974).
FOR IMMEDIATE RELEASE:
NEWS MEDIA CONTACT:
Nov. 10, 2014
Kim Hart, 202-418-8191
Email: kim.hart@fcc.gov
FCC CHAIRMAN TOM WHEELER’S STATEMENT ON PRESIDENT BARACK OBAMA’S
STATEMENT REGARDING OPEN INTERNET
The President’s statement is an important and welcome addition to the record of the Open Internet proceeding. Like
the President, I believe that the Internet must remain an open platform for free expression, innovation, and economic
growth. We both oppose Internet fast lanes. The Internet must not advantage some to the detriment of others. We
cannot allow broadband networks to cut special deals to prioritize Internet traffic and harm consumers, competition
and innovation.
As an independent regulatory agency we will incorporate the President’s submission into the record of the Open
Internet proceeding. We welcome comment on it and how it proposes to use Title II of the Communications Act.
In January, a federal court struck down rules that prevented Internet Service Providers from blocking and
discriminating against online content. In May, the Commission sought comment on how to best reinstate these rules
to protect consumers and innovators online while remaining within the parameters of the legal roadmap the court
established. The goal was simple: to reach the outcomes sought by the 2010 rules. We sought comment on using
Section 706 of the Telecommunications Act, as discussed by the court, to protect what the court described as the
“virtuous circle” of innovation that fosters broadband deployment and protects consumers.
The purpose of the Commission’s Notice of Proposed Rulemaking proposal was to elicit comments. In the past
several months, we’ve heard from millions of Americans from across the country. From the beginning I have
pledged to finally bring to an end the years-long quest for rules that are upheld in court. In May we sought comment
on both Section 706 and Title II and I promised that in this process all options would be on the table in order to
identify the best legal approach to keeping the Internet open. That includes both the Section 706 option and the Title
II reclassification. Recently, the Commission staff began exploring “hybrid” approaches, proposed by some
members of Congress and leading advocates of net neutrality, which would combine the use of both Title II and
Section 706.
The more deeply we examined the issues around the various legal options, the more it has become plain that there is
more work to do. The reclassification and hybrid approaches before us raise substantive legal questions. We found
we would need more time to examine these to ensure that whatever approach is taken, it can withstand any legal
challenges it may face. For instance, whether in the context of a hybrid or reclassification approach, Title II brings
with it policy issues that run the gamut from privacy to universal service to the ability of federal agencies to protect
consumers, as well as legal issues ranging from the ability of Title II to cover mobile services to the concept of
applying forbearance on services under Title II.
I am grateful for the input of the President and look forward to continuing to receive input from all stakeholders,
including the public, members of Congress of both parties, including the leadership of the Senate and House
committees, and my fellow commissioners. Ten years have passed since the Commission started down the road
towards enforceable Open Internet rules. We must take the time to get the job done correctly, once and for all, in
order to successfully protect consumers and innovators online.
- FCC –
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