FCC Should Look to Title II in Net Neutrality Rules, Lawmakers Say
Capitol Hill Democrats from both chambers are upping pressure on the FCC (CD May 9 p1) to develop stronger net neutrality protections than it’s currently considering, invoking Communications Act Title II authority as net neutrality advocates have demanded in recent weeks. The co-chairs of the Congressional Progressive Caucus are circulating a letter to FCC Chairman Tom Wheeler telling the agency to reclassify broadband as a Title II telecom service. The agency is scheduled to consider Wheeler’s NPRM allowing what many call Internet fast lanes, relying on Section 706 authority, at its May 15 meeting. Pressure is growing on Wheeler to delay the vote. (See separate report above in this issue.)
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"We urge the FCC to use its clear authority under Title II of the Communications Act to reclassify the transmission component of broadband Internet access as a telecommunications service,” said a Friday draft of the Congressional Progressive Caucus letter. “Recognizing our nation’s communications providers as common carriers under the law is common sense. ... Reclassification would also complement the Commission’s efforts to promote innovation, competition and investment in universally available, reliable and affordable broadband infrastructure.” The caucus has not officially released the letter. Democracy for America, a liberal organization, posted a copy of the letter seeking “citizen co-sponsors,” with a stated deadline of Tuesday (http://bit.ly/1mIPdIM).
The letter will likely be sent early this week, a spokesman for Co-Chair Raul Grijalva, D-Ariz., told us, saying both Grijalva and Co-Chair Keith Ellison, D-Minn., are responsible for the letter. “Since members will be back in the district, we may take an extra day to finalize it,” the spokesman said. Some high-profile Democrats have already signed. House Judiciary Committee ranking member John Conyers, D-Mich., signed, a Democratic staffer told us. Conyers is a member of the Congressional Progressive Caucus. The letter is being circulated among Republicans and Democrats throughout the entire House.
In the Senate, nine Democrats and one Independent sent a letter to Wheeler Friday backing a similar focus in the net neutrality NPRM. Wheeler must “ensure that the NPRM includes specific questions about Title II and the more robust rules that you could base on this authority,” said the letter. “The item should facilitate discussion of the best option for protecting the Open Internet -- not merely accept that the Commission has no choice but to permit toll lanes and other kinds of unreasonable discrimination Consumer and innovators cannot afford to wander through this regulatory murk any longer.”
Signatories of the Senate letter are Sens. Ron Wyden, D-Ore., the lead signature; Richard Blumenthal, D-Conn.; Cory Booker, D-N.J.; Al Franken, D-Minn.; Kirsten Gillibrand, D-N.Y.; Ed Markey, D-Mass.; Jeff Merkley, D-Ore.; Bernie Sanders, I-Vt.; Chuck Schumer, D-N.Y.; and Elizabeth Warren, D-Mass. They called the U.S. Court of Appeals for the D.C. Circuit decision that vacated the FCC’s 2010 net neutrality rules in January quite “clear.” The agency would have to “allow substantial discrimination” if it bases net neutrality rules on Section 706, they said.
AT&T slammed the idea of reclassification, in an ex parte filing describing Thursday meetings of its officials with aides to all commissioners except Mignon Clyburn. “Calls for reclassification of broadband Internet access services as a Title II telecommunications service would cause risks and harms that dwarf any putative benefits, all but scuttle the administration’s ambitious broadband agenda, and would not, in all events, preclude the paid prioritization arrangements that seem to be the singular focus of reclassification proponents,” AT&T said.
Wyden released a minute-and-a-half video Friday criticizing the idea of Internet fast and slow lanes. He blamed “big cable companies” for trying to “derail” net neutrality. “But there is hope,” Wyden said (http://bit.ly/1iy3kg3), saying Wheeler “can ensure net neutrality is here to stay.”
These letters should translate into “a ton” of pressure on the FCC, Free Press Policy Director Matt Wood told us. “People outside of D.C. rarely care about the statutory basis of authority” and regardless of authority, there’s been a “growing chorus” of voices rising in support of stronger net neutrality protections, Wood said. Free Press has backed reclassification.
The FCC declined comment on the letters. An FCC official told us last week that the agency is “listening closely to Congress” and encouraged by the Capitol Hill support for “decisive action to reinstate enforceable Open Internet rules” (CD May 7 p2). Other Senate Democrats have expressed concerns about Wheeler’s net neutrality NPRM, while Senate Commerce Committee ranking member John Thune, R-S.D., said congressional Republicans oppose any net neutrality rules (CD April 30 p11). (jhendel@warren-news.com)