Chairman Davis, Vice Chair Dumais, members of the Committee, my name is Gigi Sohn and I am a Distinguished Fellow at the Georgetown Law Institute for Technology Law and Policy and a Senior Fellow with the Benton Institute for Broadband and Society. I have been a public interest advocate for open, affordable and accessible communications networks for over 30 years. I was Counselor to FCC Chairman Tom Wheeler from 2013-2016, and during that time, I helped the FCC adopt the 2015 Open Internet Order, which included the strongest ever network neutrality rules.
In early October 2019, the United States Court of Appeals for the District of Columbia Circuit issued its ruling in Mozilla Corporation vs Federal Communications Commission, the case that challenged the Federal Communications Commission's repeal of network neutrality rules (the Restoring Internet F
In Mozilla Corp. v. FCC, the U.S. Court of Appeals for the District of Columbia Circuit upheld the vast majority of the Federal Communications Commission’s 2017 decision to end net neutrality protections. However, the court also remanded three discrete issues for further consideration by the FCC. On February 6, 2020, the D.C. Circuit denied all pending petitions for rehearing, and the Court issued its mandate on February 18, 2020. With this Public Notice, the Wireline Competition Bureau seeks to refresh the record regarding the issues remanded to the FCC by the Mozilla Court.
In Washington, DC, today, policymakers, public interest advocates and nonprofits, researchers, and the business community are gathering for the 2020 State of the Net Conference. Hosted by the Internet Education Foundation, State of the Net explores important, emerging trends and their impact on internet policy.
We uphold the 2018 Order, with two exceptions. First, the Court concludes that the Federal Communications Commission has not shown legal authority to issue its Preemption Directive, which would have barred states from imposing any rule or requirement that the FCC “repealed or decided to refrain from imposing” in the Order or that is “more stringent” than the Order. 2018 Order ¶ 195. The Court accordingly vacates that portion of the Order.
Moving backwards: consolidation, deregulation & lack of accountability in the US media and broadband industries
The US broadband and media industries are increasingly becoming consolidated, deregulated and freed of accountability, with little attention either from policymakers or the media. While Mexico is moving forward -- having recently developed new institutions and regulations intended to promote competition and accountability in telecommunications and media, the US is moving backwards. Competition in broadband and media in the US is vanishing as a result of decisions, big and small, by the Trump Administration.
Sen. Ed Markey (D-MA) took to the floor of the Senate in an attempt to force a vote on a bill to reinstate net neutrality on the one-year anniversary of its reversal. “Under Sen. McConnell’s leadership, the Republicans are trying to bury this bill in a legislative graveyard,” Sen Markey said, referring to the Save the Internet Act passed by the House in April. Sens. Ron Wyden (D-OR), Ed Markey (D-MA), and Maria Cantwell (D-WA) noted that the Senate approved a measure nearly identical to the one in the House in 2018.
After the House voted, everyone had an opinion.
After over nine hours of debate over mostly failed amendments, and delays, legislation that would re-regulate internet access by reinstating the Federal Communications Commission's 2015 Open Internet Order's Title II-based net neutrality rules is on its way to a vote in the full House, where it is likely to pass. An amended version of the Save the Internet Act (HR 1644) was approved by the House Commerce Committee on a party-line vote.