Jesse Jackson Urges Wheeler Against Title II

Jackson’s Rainbow PUSH Coalition did not return calls for comment, but three others at the meeting verified to us the account in the filing. An FCC spokeswoman on Tuesday declined to comment on what was said at the meeting.

Wheeler in the meeting responded to concerns about deterring broadband deployment in minority areas by saying any harms could be addressed through the USF or E-rate, said the filing. Wheeler did not go into additional details, saying the commission is still examining all regulatory approaches, the filing said. In proposing increasing the E-rate spending cap through a draft order he'll circulate at the commission, Wheeler on Monday said additional spending would help ease the gap for high-speed Internet access at schools based on poverty (see 1411170042).

Turner-Lee said in an interview that USF programs like E-rate and Lifeline help improve deployment and improve adoption in lower-income areas, but her group has concerns with a Title II approach. The “challenge with 1934 legislation is that I don’t know what it looks like for communities of color,” she said. MMTC favors a Section 706 with strong enforcement tools. The group’s ex parte notice did not name Wheeler, but said the “Commission asserted … current efforts to reform the universal service fund, lifeline and e-rate modernization would directly address broadband adoption and deployment concerns.”

Wheeler “declared that the FCC had ‘only one chance to get this right’ and that it needed to craft the strongest regulations necessary to protect consumers from both blocking and ‘paid prioritization,’” the filing said. Section 706 and Title II “could be used alone or in tandem,” added Wheeler who was quoted as saying he’d “use whatever regulatory means necessary to ensure that the Internet remains open and free from blocking, throttling, and so called ‘fast lanes’ that exclude small voices on the Web,” the filing said.

Several involved in the net neutrality debate have said in recent days that they expect the agency, in light of Wheeler’s statement last week, to seek additional comments in the proceeding. According to the TechFreedom ex parte, Wheeler said he wasn’t sure a Further NPRM was needed. Economist Hal Singer urged the commission “to refresh the record on the need for Title II, the problems raised by any attempt at reclassification, and the difficulties involved in forbearance,” the filing said, but it said Wheeler responded “that the FCC’s existing record was adequate to justify invoking Title II and had led the Commission to consider using a ‘hybrid’ approach.” Wheeler didn’t rule out issuing a FNPRM, emailed a meeting attendee. Wheeler “resisted suggestions that he needed more input or that he might be legally required to issue an FNPRM before proceeding … I think he's trying to keep his options open.” "The Chairman said in his statement last Monday that there is more work to do and substantive legal questions to answer," emailed the commission spokeswoman. "The Commission is considering the best way to invite additional comments on those questions."

The meeting differed in its specificity from others held last week, with attendees of other meetings saying Wheeler appeared to be cautious and revealing little after reports he said at meetings he was not fully on the same page with President Barack Obama.

“I think the Chairman is being cautious about what he says in meetings now because of the press stories," said one participant. "He mentioned reading about the meetings in the press and didn't appear pleased with what he'd read.” Wheeler "made it clear at the top of the meeting that he and Pres. Obama share the same goals for the Internet," said the participant. Another who was in a meeting with Wheeler said the chairman “read his opening statement about no daylight with the president on protecting the Internet” and said, "nothing new."

That Jackson advocated for a Section 706 approach fits with the stance taken by some minority groups, including Rainbow PUSH. A Title II opponent said it illustrates that not all progressive groups agree with the reclassification approach. “Rev. Jackson's remarks should remind everyone of the reasons why the FCC's first two black chairmen, Democrat Bill Kennard and Republican Michael Powell, avoided Title II in the first place: Title II's chilling effects on broadband investment, which would hurt all Americans, but especially underserved low-income groups,“ said TechFreedom President Berin Szoka. “That Rev. Jackson stands out in making this point simply illustrates the degree to which Title II advocates have cowed most Democrats into submission.”

"There is no harm to broadband deployment anywhere, unless you give credence to cable and telecom companies evidence-free threats,” said Free Press Policy Director Matt Wood in an email about adopting a Title II approach. "We have worked with Rainbow/PUSH to promote media diversity and combat consolidation for years. That's why it's curious to see the organization standing against not only the President, but also [civil rights leader and Georgia Democratic Rep.] John Lewis and dozens of progressive lawmakers, as well as the millions of Americans who have called for real protections against harmful discrimination.” A number of civil rights groups, including ColorOfChange and the National Hispanic Media Coalition, have pushed for Title II, said Wood.