Civil Rights Coalition Backs FCC’s Open Internet Rules in Court Filing

The Open Internet Civil Rights Coalition (OICRC) supports the Federal Communications Commission’s legal decision as well as its policy choice to reclassify mobile broadband Internet access as a telecommunications service. Absent full application of open Internet rules to mobile services, communities of color will be less able to rely on mobile devices to make childcare arrangements, receive health advice, access social services, participate in political debate, find employment, and engage with friends and family.

There is a broad consensus among civil rights groups about the importance of open Internet rules. Although one group, the Multicultural Media, Telecom and Internet Council (MMTC), has submitted an amicus curiae brief in support of Petitioners, MMTC does not disagree with the need for open Internet rules, including rules addressing paid prioritization, and did not dispute below that the FCC had the power to reclassify broadband Internet service under Title II. Instead it argued only that would have been a wiser policy choice to adopt such rules under the authority of Section 706 of the Telecommunications Act. However, no party before this Court, including MMTC, has attempted to show that the rules MMTC supported could be adopted without employing Title II powers. To the extent that MMTC believes that open Internet rules will deter capital investment, the FCC has reasonably determined otherwise. MMTC is simply wrong in claiming that reclassification leads to “price regulation,” and ignores the fact that the Commission has forborne from such rules. Its policy concerns about extending Title II to mobile broadband are similarly unfounded. They are also inconsistent, as MMTC cannot reconcile its belief of the benefits of open Internet rules for fixed broadband (albeit under Section 706) with its opposition to such rules for wireless.