Washington Reacts to Net Neutrality Order

After the Federal Communications Commission released its Feb 26 network neutrality Report and Order, a new round of comments came from all corners.

“The world finally gets to read and understand just what the White House, acting by proxy via a partisan FCC vote, has done to impose the federal government’s heavy hand to regulate the Internet as a utility. We look forward to working our way through the 300+ pages of this Washington manifesto. Our six-page draft legislation could prevent abuses and promote robust Internet investment – all without the overreach included in the FCC’s order,” said Senate Commerce Committee Chairman John Thune (R-SD), House Commerce Committee Chairman Fred Upton (R-MI), and House Communications and Technology Subcommittee Chairman Greg Walden (R-OR).

“The FCC has restored the principle of common carriage for Internet access, the most vital two-way communications platform of our time,” said Free Press Policy Director Matt Wood. “These rules provide the nondiscriminatory access and free speech protections that millions of Internet users have called for — and that every Internet user needs. Anyone who believes that Internet users -- and not Comcast, Verizon and AT&T -- should control online communications should applaud the FCC's action.” He added, “These rules are an all-too-rare example of Washington actually working for the people — responding to a massive public outcry to protect Internet users and keep powerful corporations in check. Title II is the correct, common-sense path to providing real Net Neutrality protections under the law.”

Chris Lewis, Vice President of Government Affairs at Public Knowledge, said, “After months of conducting a transparent and open process, Chairman Wheeler and his colleagues at the FCC should be congratulated on the release of the text of their Open Internet Order. In alignment with standard FCC practice under the Administrative Procedures Act, this is the public’s chance to see the details of the rules and the legal reasoning behind them. An initial review shows that the order uses Title II to deliver the strong rules the Chairman promised and consumers expect. It includes simple and clear bright-line rules of no blocking, no throttling, and no paid prioritization. It prohibits unreasonable interference with consumer Internet use and strengthens transparency requirements. The Order also shows that the decision is rooted in the opinions, arguments, and legal reasoning of almost 4 million people in the extensive record gathered through this transparent process. The text of the Order also clearly identifies what the FCC is and is not doing in this important decision.”

“COMPTEL is pleased the Commission’s Open Internet Order confirms that consumers should get what they pay for and that broadband Internet access service providers cannot evade the protections through their interconnection and traffic exchange practices," the trade group said. "Interconnection is the first amendment for the open Internet. As such, we look forward to the Commission fulfilling the promise of today’s order by promptly adjudicating disputes regarding interconnection and traffic exchange practices and confirming that ISPs’ attempts to extract tolls for the delivery of Internet traffic are unlawful."

“Today’s release of the Open Internet order only confirms our fear that the Commission has gone well beyond creating enforceable open Internet rules,” said the National Cable and Telecommunications Association, “and has instead instituted a regulatory regime change for the Internet that will lead to years of litigation, serious collateral consequences for consumers, and ongoing market uncertainty that will slow America’s quest to advance broadband deployment and adoption. As we have stated repeatedly, our companies are committed to offering consumers an open Internet experience, and we fully support the creation of enforceable open Internet rules. But we do not advance our nation’s ambitions by regulating the Internet with monopoly-era tools. We remain hopeful that Congress will seize this important opportunity to enact smart legislation that codifies the FCC’s authority to protect an open Internet while avoiding the collateral harms that Title II will unleash."

Speaking at the Media Institute, CTIA President Meredith Attwell Baker said, “As we enter an age of experimentation in business models for mobile video with new technologies like LTE Broadcast and new service options like zero rating, the FCC’s decision to subject all new offerings and options to a vague, innovate-at-your-own risk structure is the wrong policy at the wrong time of our development. I worry about the chilling effect on disruptive services that would otherwise be launched.”

Doug Brake, telecommunications policy analyst at the Information Technology and Innovation Foundation, said, “Everyone is digesting the 400 page document, and, as usual, the devil will be in the details. But the basic foundation of this order, the notion that Title II is necessary for rules to promote the open Internet, rests on a number of faulty premises. There is little reason behind resorting to the Commission’s antiquated common carrier rules for an issue that sees such broad agreement on the general principles and so few immediate concerns. This Title II classification puts a dark cloud of uncertainty over what has otherwise been a bright spot in our economy. It is unclear how these regulations will be implemented, what sections of Title II the Commission can successfully forbear from. Much of what has been settled law will again be up for debate. Furthermore, it is unclear whether the controversial Title II move will survive court challenges or a Republican administration.”

"The release of the FCC's Open Internet Order rules reinforces what many already know: it’s the first step on a long road of litigation and uncertainty for America's broadband future. While we study the details, the fundamental fact remains that the only sustainable solution is Congressional action that codifies the open Internet principles and secures America's role as the global broadband investment and innovation leader," said Broadband for America co-chairs John Sununu and Harold Ford Jr.

“Market uncertainty accelerates today with the release of the FCC’s decision to impose public utility regulation on the Internet," said the Internet Innovation Alliance. "Long drawn out legal challenges to the agency’s embrace of Title II regulation without clear statutory authority now await the Internet ecosystem. Yet, Congress can still rescue the nation from this fate by crafting a non-partisan and long-lasting legislative solution that would preserve and maintain an ‘open Internet’ without the burdens of utility-style regulation."

“Unfortunately, the order released today begins a period of uncertainty that will damage broadband investment in the United States. Ultimately, though, we are confident the issue will be resolved by bipartisan action by Congress or a future FCC, or by the courts,” said AT&T Senior Executive Vice President-External and Legislative Affairs Jim Cicconi.