Wheeler defends open Internet principles

Yesterday, the U.S. Court of Appeals for the D.C. Circuit issued a mixed 2-1 decision in Verizon v. FCC which affirmed the FCC has a general power to regulate broadband internet access communications, but struck down two of the commission’s open internet rules. The majority decision said: “Because the commission has failed to establish that the anti-discrimination and anti-blocking rules do not impose per se common carrier obligations, we vacate those portions of the Open Internet Order.”

CWA immediately responded to the decision yesterday. But so did FCC Chairman Tom Wheeler, who chose to emphasize the positive part of the decision which said the FCC may “promulgate rules governing broadband providers.” Said Wheeler:

“I am committed to maintaining our networks as engines for economic growth, test beds for innovative services and products, and channels for all forms of speech protected by the First Amendment. We will consider all available options, including those for appeal, to ensure that these networks on which the Internet depends continue to provide a free and open platform for innovation and expression, and operate in the interest of all Americans.”

Last week, Wheeler expounded on the principle of the open Internet during a speech at the Computer Museum in Mountain View, California – in the heart of Silicon Valley. He spoke to the leaders and media of the digital industry, breaking no new ground, and assuring the audience he was of and from the tech world.

But Wheeler went some distance to lay out his support of the open Internet – a statement that takes on particular weight in light of yesterday’s court decision. Wheeler said:

“Public policy should protect the great driving force of the open Internet: how it allows innovation without permission. This is why it is essential that the FCC continue to maintain an open Internet and maintain the legal ability to intervene promptly and effectively in the event of aggravated circumstances.”

And from that principle, he laid out what he called “three obvious implications.” These were:

Support of the FCC’s Open Internet decision, “... which has helped preserve the Internet as an open platform for innovation and expression, and has increased certainty and predictability in the marketplace.”

“... the very general principles found in the Open Internet Order should be reduced to justiciable practices on the basis of facts arising from specific circumstances.”

And third, Wheeler strongly reiterated the central role of regulations. “... the pursuit of legitimate private gain,” he said, “may not be sufficient to meet the national interest in the creation of robust broadband networks in all parts of America. That is not a failing of business, but it is, I think, a responsibility of government to assure that open access not only means getting on the network, but also getting to the network.”

On these issues, and for his defense of broadband rules, Speed Matters enthusiastically supports Chairman Wheeler’s statements.

Verizon v. FCC (US Court of Appeals for DC, Jan. 14, 2014)

CWA Urges Joint Effort to Protect Open Internet (Speed Matters, Jan. 14, 2014)

Statement by FCC Chairman Tom Wheeler regarding DC Circuit opinion on the FCC’s Open Internet Rules (FCC release, Jan. 14, 2014)

FCC Chairman Tom Wheeler Remarks at the Computer History Museum (FCC, Jan. 9, 2014)