FOR IMMEDIATE RELEASE: NEWS MEDIA CONTACT:
May 15, 2014 Mark
Wigfield, 202-418-0253
FCC E-mail:
mark.wigfield@fcc.gov
FCC LAUNCHES BROAD RULEMAKING ON HOW BEST TO PROTECT AND PROMOTE THE OPEN INTERNET
Seeks Public
Input over the Next Four Months to Find Most Viable Approach
Washington,
D.C.
– The Federal Communications Commission today launched a rulemaking seeking
public comment on how best to protect and promote an open Internet. The Notice of Proposed Rulemaking adopted
today poses a broad range of questions to elicit the broadest range of input
from everyone impacted by the Internet, from consumers and small businesses to
providers and start-ups.
The Internet is America’s most important
platform for economic growth, innovation, competition, free expression, and
broadband investment and deployment. The
Internet has become an essential tool for Americans and for the growth of
American businesses. That’s because the
Internet has been open to new content, new products and new services, enabling consumers
to choose whatever legal content, services and applications they desire.
The FCC has previously concluded that
broadband providers have the incentive and ability to act in ways that threaten
Internet openness. But today, there are
no rules that stop broadband providers from trying to limit Internet openness. That is why the Notice adopted by the FCC
todays starts with a fundamental question: “What is the right public policy to
ensure that the Internet remains open?”
The FCC proposes to rely on a legal
blueprint set out by the United States Court of Appeals for the District of
Columbia Circuit in its January decision in Verizon
v. FCC, using the FCC’s authority to promote broadband deployment to all
Americans under Section 706 of the Telecommunications Act of 1996. At the same time, the Commission will seriously
consider using its authority under the telecommunications regulation found in Title
II of the Communications Act. In
addition, the Notice:
·
Proposes
to retain the definitions and scope of the 2010 rules, which governed broadband
Internet access service providers, but not services like enterprise services,
Internet traffic exchange and specialized services.
·
Proposes
to enhance the existing transparency rule, which was upheld by the D.C.
Circuit. The proposed enhancements would
provide consumers, edge providers, and the Commission with tailored
disclosures, including information on the nature of congestion that impacts consumers’
use of online services and timely notice of new practices.
·
As
part of the revived “no-blocking” rule, proposes ensuring that all who use the
Internet can enjoy robust, fast and dynamic Internet access.
·
Tentatively
concludes that priority service offered exclusively by a broadband provider to
an affiliate should be considered illegal until proven otherwise.
·
Asks
how to devise a rigorous, multi-factor “screen” to analyze whether any conduct hurts
consumers, competition, free expression and civic engagement, and other criteria
under a legal standard termed “commercial reasonableness.”
·
Asks
a series of detailed questions about what legal authority provides the most
effective means of keeping the Internet open:
Section 706 or Title II.
·
Proposes
a multi-faceted process to promptly resolve and head off disputes, including an
ombudsperson to act as a watchdog on behalf of consumers and start-ups and
small businesses.
Action by the Commission May 15, 2014,
by Notice of Proposed Rulemaking (FCC 14-61).
Chairman Wheeler and Commissioner Clyburn with Commissioner Rosenworcel
concurring and Commissioners Pai and O’Rielly dissenting. Chairman Wheeler, Commissioners Clyburn,
Rosenworcel, Pai and O’Rielly issuing statements.
-FCC-
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Federal Communications Commission can also be found
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