Open Internet Coalition Calls for FCC Proceeding to Clarify Authority to Protect Broadband Internet

For Immediate Release
Contact: Eric London
April 6, 2010

 

The following statement should be attributed to Markham Erickson, Executive Director, Open Internet Coalition:

"Today’s DC Circuit decision in Comcast creates a dangerous situation, one where the health and openness of broadband Internet is being held hostage by the behavior of the major telco and cable providers.

"The Court has taken an aggressive position, rejecting the FCC’s legal authority to implement broadband Internet policy under Title I of the Communications Act. The legal challenge to Title I authority by Comcast has created an outcome where the FCC has no option but to immediately open a proceeding to clarify its authority over broadband network providers under Title II.

"The Court’s sweeping decision eliminates the Agency's power to either enforce the Internet Policy Statement or possibly to promulgate new open Internet rules to protect consumers and small businesses under Title I. As a result, the FCC is now unable to police broadband networks against anti-competitive and anti-consumer behavior by broadband providers, and may not be able to implement many of the elements of the National Broadband Plan, including comprehensive Universal Service Fund (USF) reform.

"The court recognized this issue and appeared to invite the Commission to proceed against Comcast and other broadband Internet access providers under Title II. Establishing limited Title II authority with restraint and forbearance over broadband Internet access will remedy the Agency's own now-discredited attempt to cobble together ancillary authority under Title I. That effort, undertaken by the previous Administration, was based on numerous incorrect legal, technological, and market assumptions. By contrast, Title II authority rests on sound factual and legal grounds, and will serve as a strong foundational basis for the FCC to protect access connections for consumers and small businesses."

About the Open Internet Coalition: The Open Internet Coalition (openinternetcoalition.com) represents consumers, grassroots organizations, and businesses working in pursuit of a shared goal: keeping the Internet fast, open and accessible to all Americans.