Wheeler tries new approach to net neutrality

FCC Chairman Tom Wheeler issued a convincing statement in support of Open Internet rules and FCC regulation. He seized on the affirmative sections of the Verizon case in which the federal DC Court of Appeals struck down the rules as written, but left standing the commission’s right to regulate.

Wheeler abandoned any effort to reverse the court decision. “In light of the Court’s finding that the Commission has authority to issue new rules under Section 706 and the ongoing availability of Title II,” he said, “the Commission will not initiate any further judicial action in connection with the Verizon decision.”

However, he strongly defended the Open Internet principles. Innovators, he said, “cannot be judged on their own merits if they are unfairly prevented from harnessing the full power of the Internet, which would harm the virtuous cycle of innovation that has benefitted consumers, edge providers, and broadband networks. This is why the FCC’s exercise of its authority to protect an open Internet is important.”

So, Wheeler announced a number of steps which, he believes, can survive court challenge.

First were three new proposed rules:

•    Enforce and enhance the transparency rule, “...which requires that network operators disclose how they manage Internet traffic.”
•    Fulfill the “no blocking” goal, to “... ensure that edge providers are not unfairly blocked, explicitly or implicitly, from reaching consumers, as well as ensuring that consumers can continue to access any lawful content and services they choose.”
•    Fulfill the goals of the non-discrimination rule, “... setting an enforceable legal standard that provides guidance and predictability to edge providers, consumers, and broadband providers alike.”

Wheeler reminded the industry that they “... have indicated that they will continue to honor the safeguards articulated in the 2010 Open Internet Order. That’s the right and responsible thing to do, and we take them up on their commitment – which will continue to provide protection for the Open Internet until new rules are put in place.” Moreover, the commission will hold ISPs accountable to these voluntary commitments.

The FCC is soliciting public comment on the proposed new rules.

CWA and Speed Matters fully support these Open Internet rules.

The FCC’s open Internet rules (FCC news release, Feb. 19, 2014)

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