Open Internet Coalition Calls on FCC to Protect Open Internet, Move Quickly to Clarify Authority Post Comcast v. FCC

April 27, 2010

For Immediate Release
Contact: Eric London
April 27, 2010

The Open Internet Coalition filed reply comments Monday in the open Internet rulemaking at the Federal Communications Commission. In the comments, the OIC argues filings in the docket support adoption of an openness rule for the broadband Internet. According to the OIC, a broad consensus, including among network operators, supports FCC authority to enforce the Broadband Policy Statement’s four openness principles plus a new transparency principle. The OIC believes an openness rule should also include a nondiscrimination principle with an exception for reasonable network management, and should apply to both wireless and wireline networks.

In light of the decision in Comcast v. FCC, the OIC also urges the FCC move quickly to clarify its legal authority to ensure consumers are fully protected against blocking or degradation of websites by broadband providers.

“An openness rule would merely codify the promises network operators have already made about keeping the Internet open and free from discrimination,” said Markham Erickson, OIC Executive Director. Statements by broadband providers that they will not discriminate likewise should counsel policymakers that applying the rule’s proposed, simple non-discrimination principle would not harm broadband providers and would be consistent with their stance on codification of the Broadband Policy Statement.”

Erickson added: “Post-Comcast v. FCC, consumers lack any protection against violations of the Internet Policy Statement, or against discriminatory treatment of content or applications over broadband providers’ networks. It is imperative that the Commission move expeditiously to solidify its legal authority by initiating a generic proceeding, through the circulation of a Public Notice, which would lay out a regulatory framework for broadband networks and services based on solid legal footing.”

The filing appends two new studies. The first makes the case that switching costs in wireless broadband services – approximately costing consumers $230 per switch – negates the higher level of competition in the wireless broadband market and argues for not exempting wireless from an openness rule. The second study illustrates the efficiencies small business receive from the open Internet, and asserts that codification of openness rules will protect and expand these valuable benefits.

Reply comments:
https://openinternetcoalition.com/files/OIC_Reply_Comments_042610.pdf

Measuring Consumer Switching Costs in the Wireless Industry:
https://openinternetcoalition.com/files/OIC_Reply_Comments_Attachment_A.pdf

Small business and broadband: Key drivers for economic recovery:
https://openinternetcoalition.com/files/OIC_Reply_Comments_Attachment_B.pdf

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. Follow us on Twitter or find us on Facebook at .