Article Advocacy 2 min read

FCC Chair Outlines New Net Neutrality Approach

Federal Communications Commission Chairman Tom Wheeler says that the agency is still committed to proposing open internet rules in the wake of a court invalidating the FCC’s previous standards, but his agency is still working on the details.

Ernie Smith

February 19, 2014

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It looks like the Federal Communications Commission will give proposing net neutrality rules another shot.

On Tuesday, FCC Chairman Tom Wheeler announced  (opens in a new tab) that the agency plans a new open-internet effort. The announcement comes a month after the commission’s previous net neutrality standards, known as the Open Internet Order, were invalidated by a federal appeals court. Wheeler said the new rules would focus on fostering increased transparency, preventing efforts that block traffic online, and encouraging internet providers not to discriminate regarding traffic.

“The D.C. Circuit recognized the importance of the Open Internet Order’s ban on blocking internet traffic, but ruled that the commission had not provided sufficient legal rationale for its existence,” Wheeler wrote in a statement  (opens in a new tab). “We will carefully consider how, consistent with the court opinion, we can ensure that edge providers are not unfairly blocked, explicitly or implicitly, from reaching consumers, as well as ensuring that consumers can continue to access any lawful content and services they choose.”

Wheeler’s statement noted that the FCC will likely not appeal the decision by the U.S. Court of Appeals for the District of Columbia in Verizon v. FCC  (opens in a new tab), but he left open the possibility that the agency might reclassify internet providers as telecommunications providers subject to regulation under the Telecommunications Act of 1996. For now, as Ars Technica notes  (opens in a new tab), the FCC will likely handle regulation “on a case-by-case basis.”

Early reaction to the move was mixed  (opens in a new tab), with the National Cable and Telecommunications Association saying it looked forward to working with Wheeler on the issue but pushing back against the possibility of new regulations. The activist group Free Press was more critical, saying more “decisive action and clear protections” were needed.