Net Neutrality Debate Officially Back With Flood of Statements on Pai Plan

Telecom industry lawyers told us no one is looking forward to the debate. Supporters of the 2015 rules expect to lose this time and opponents don't look forward to what's expected to be a massive public backlash, one former FCC spectrum official said.

“Consumer #broadbandprivacy NOT better off now & reclassifying will not restore @FTC authority,” tweeted Democratic FTC Commissioner Terrell McSweeny. “Only Congress can do that.”

“I welcome Chairman Pai’s announcement as an important step toward restoring the FTC’s ability to protect broadband subscribers from unfair and deceptive practices, including violations of their privacy,” said acting FTC Chairman Maureen Ohlhausen in a statement. “Those consumer protections were an unfortunate casualty of the FCC’s 2015 decision to subject broadband to utility-style regulation. I look forward to working with Chairman Pai and other stakeholders to return to broadband subscribers the consumer protections they deserve.”

“Nobody should be fooled by Chairman Pai’s rhetoric -- he never has, and never will, support real net neutrality,” emailed Gigi Sohn, a top aide to Wheeler when he was chairman. “What he does support is a radical abdication of the FCC’s responsibility to protect consumers and competition." If Pai gets his way, the FCC will be left without any role to police the internet, said Sohn, now a fellow at the Open Society Foundations.

“Millions have spoken out for Net Neutrality -- and not just because the open internet is a popular cause,” said Free Press President Craig Aaron in a news release. “Net Neutrality is sound public policy, safeguarding the same principles that have worked since the beginning of the internet.” Pai singled out Free Press during his speech, calling it “the leading special interest in favor of Title II.”

“Chairman Pai claims to be for a free and open internet, but he didn’t say in his speech which net neutrality protections, if any, he plans to retain,” Public Knowledge said.

Internet Association President Michael Beckerman said in a statement there's no need for the NPRM. Members of the group were strong advocates of the rules in 2015. “The current FCC net neutrality rules are working and these consumer protections should not be changed,” Beckerman said. “The internet industry is continuing our efforts to defend the existing rules on the books at the FCC. It is also important for Republicans and Democrats in Congress to ensure rules survive long term with strong FCC enforcement.”

Incompas CEO Chip Pickering, a former House Republican, said the FCC should proceed with caution. “We believe the risks of FCC action far outweigh any reward,” Pickering said in a news release. “Thankfully, Chairman Pai will conduct a public comment period."

Pai “is very clear with his intentions to create a more evidence-based regulatory scheme on net neutrality,” said Mark Jamison, University of Florida professor and member of the Trump FCC transition landing team. “Unfortunately" under Wheeler "net neutrality began hurting the very people it was supposed to help by denying them opportunities to buy new services from ISPs,” Jamison told us. “If Chairman Pai is able to effectively reverse the Title II classification, perhaps we can have regulations that address the concerns regarding anticompetitive conduct while allowing good things to happen.”

ISPs and their trade associations said they support net neutrality principles but Pai was right to start to reverse the reclassification they opposed two years ago.

AT&T CEO Randall Stephenson said his company supports “internet openness,” but not the 2015 rules. “The bipartisan, light-touch regulatory approach that Congress established at the internet’s inception brought American consumers unparalleled investment in broadband infrastructure, created jobs and fueled economic growth,” he said in a statement. “It was illogical for the FCC in 2015 to abandon that light-touch approach and instead regulate the internet under an 80-year-old law designed to set rates for the rotary-dial-telephone era.”

"We fully support reversal of Title II classification, a 1930s statute that is outdated and harms consumers by creating a cloud over broadband investment decisions and innovation,” said Comcast CEO Brian Roberts. “Chairman Pai's proposed reversal of Title II does not mean there will be no open Internet protections, but rather creates an environment where we can have a fresh constructive dialogue.”

“Verizon supports net neutrality policies that protect an open internet without discouraging competition and slowing job-generating investments,” said Kathy Grillo, Verizon senior vice president-public policy and government affairs. “We continue to believe that the right answer is for Congress to move forward on legislation that once and for all adopts clear, enforceable, and strong net neutrality protections.”

Andrew Schwartzman, Georgetown Law Institute for Public Representation senior counselor, said that contrary to Pai’s remarks “the Internet was governed by Title II during the early years of explosive growth under the Clinton administration.” DSL and dial up accounted for almost all of the internet traffic during the Bill Clinton years, he emailed: “At the time, dial up Internet connections and DSL were regulated as Title II services. DSL was not moved to Title I until 2005, during the second term of the [George W.] Bush Administration. The status of cable modem service, which did not play an important role until about 2000, was uncertain until 2003, when the FCC classified it under Title I.”

“Mobile Future supports an open internet and believes that consumers should be able to access the internet content and services of their choice,” emailed Robert McDowell, former FCC commissioner, now chief public policy adviser at Mobile Future. “But we don’t believe public utility regulation is the right way to protect consumers. We support a policy framework that ensures an open internet without discouraging innovation, hurting competition and slowing down job-generating investments.”