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July 15, 2014

The Honorable Tom Wheeler


Federal Communications Commission

445 12th St. SW

Washington, DC 20554

Dear Chairman Wheeler:

An open Internet has become the world's most successful platform for innovation, job-

creation and entrepreneurialism. An open Internet enables freedom of expression and the

sharing of ideas around the world. An open Internet is driving economic growth

throughout the United States.

Yet, the vitality and nondiscriminatory nature ofthis platform is at stake today. We must

take steps to prevent broadband providers from creating Internet fast lanes for those who

can pay, leaving others stuck in traffic. We need to prohibit paid prioritization, which

would leave start-ups and small businesses to suffer in a new Internet slow lane, harming

our economy and job growth.

Our goal must be to protect the openness of the Internet for

future generations.

At issue today is how the FCC should use its authority to keep the Internet open for

business. We remain concerned that the Commission's recent notice of proposed

rulemaking suggests approaches that could undermine the openness of the Internet.

Because the item tentatively concludes that Internet service providers would be allowed to

offer faster delivery times for websites, applications or services that pay for it, the

Commission's proposal could fundamentally alter the Internet as we know it.

Instead, the Commission should take this opportunity to put truly effective open Internet

rules on the books, and do so using whatever authority best stops these discriminatory

practices. We believe that authority already resides in Title II. By reclassifying the

transmission component of broadband Internet access as a telecommunications service,

with appropriate forbearance, the FCC could prevent online discrimination.

Broadband is a more advanced technology than phone service, but in the 21st century it

performs the same essential function. Consumers and businesses cannot live without this

vital connection to each other and to the world around them. Accordingly, it would be


The Honorable Tom Wheeler

July 15, 2014


appropriate for the FCC to reclassify broadband to reflect the vital role the Internet plays in

carrying our most important information and our greatest ideas.

Thank you for your consideration and your work on this issue.


~~· ~

Edward J. Markey . ~


Bernie Sanders

AI Franken

Jeff Merkley

Cory Booker

Kirsten Gillibrand


The Honorable Tom Wheeler

July 15, 2014

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