FEDERAL COMMUNICATIONS COMMISSION WASHINGTON Orner: OF THE CHAIRMAN The Honorable Kelly Ayotte United States Senate 144 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Ayotte: June 30, 2014 Thank you for contacting me with your views regarding the Commission's efforts to reinstate rules to preserve and protect the Open Internet. As you know, the NoLice of Proposed Rule making ("Notice") adopted by the Commission in May 2014 proposes rules that would replace those struck down early this year by the U.S. Court of Appeals for the D.C. Circuit in its Verizon decision, and we ask a number of questions about the appropriate legal foundation for such rules. Your letter will be included in the record of the proceeding and considered as part of the Commission's review. The Commission has been working for more than a decade to safeguard the Open Internet. While there has been a bipartisan consensus, starting under the Bush Administration with Chairman Powell, on the importance of an open Internet to economic growth, investment, and innovation, we find ourselves today without any rules in place to protect and promote Internet openness. The status quo is unacceptable. Unless and until the FCC adopts new rules, broadband providers will be free to block, degrade, or otherwise disadvantage innovative services on the Internet without threat of sanction by the FCC. As Chairman, I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. The court' s decision in Verizon established unequivocally that the Commission has the legal authority under Section 706 of the Telecommunications Act of 1996 to craft enforceable rules to protect and promote an open Internet for all Americans. Specifically, the court agreed with the Commission's conclusion that an open Internet enables a virtuous cycle of investment and broadband deployment - i.e. , that innovative content and services at the edges of the network drive consumer demand for broadband services, which drives investment in broadband infrastructure and deployment, which drives more innovation at the network' s edges, and so on. The court affirmed that it is the Commission 's responsibility to protect this virtuous cycle and that Section 706 authorizes us to do so. I believe that the Section 706 framework set forth by the court provides us with the tools we need to adopt and implement robust and enforceable Open Internet rules. For this reason, the Notice used the court' s legal blueprint as a starting point. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as the basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the Page 2- The Honorable Kelly Ayotte authority issue, and seeks comment on the benefits of each approach, as well as the benefits of one approach over the other, to ensuring that the Internet remains an open platform for innovation and expression. Additionally, the Notice seeks comment on other proposals suggesting the Commission could apply both Section 706 and Title II to component parts of broadband Internet access services. The attention paid to this topic in the lead-up to our May Open Meeting is proof of why the open and free exchange of information must be encouraged. It is important that the Notice was reported out by the Commission so that the public can review the proposal and provide comments. Further delay would have only delayed the opportunity for public review and input. In addition, we have an extended comment period until September 10, 2014 so that there will be ample time for expression of views on the item. This Notice is the first step in the process, and I look forward to comments from all interested stakeholders, including members of the general public, as we develop a fulsome record on the legal authority and many other questions raised in the Notice. To that end, in an effort to maximize public participation in this proceeding, we have established an Open Internet email address - openintemet@fcc.gov - to ensure that Americans who may not otherwise have the opportunity to participate in an FCC proceeding can make their voices heard. In addition, to ensure sufficient opportunity for broad public comment, we have provided a lengthy comment and reply period that will give everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to a continued engagement with you and others in Congress as we move forward with this proceeding. ;i/1~1 Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFIC E OF THE CHAIR M AN The Honorable Dan Coats United States Senate 493 Russell Senate Office Building Washington, D.C. 20510 Dear Senator Coats: June 30, 2014 Thank you for contacting me with your views regarding the Commission's efforts to reinstate rules to preserve and protect the Open Internet. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 proposes rules that would replace those struck down early this year by the U.S. Court of Appeals for the D.C. Circuit in its Verizon decision, and we ask a number of questions about the appropriate legal foundation for such rules. Your letter will be included in the record of the proceeding and considered as part of the Commission's review. The Commission has been working for more than a decade to safeguard the Open Internet. While there has been a bipartisan consensus, starting under the Bush Administration with Chairman Powell, on the importance of an open Internet to economic growth, investment, and innovation, we find ourselves today without any rules in place to protect and promote Internet openness. The status quo is unacceptable. Unless and until the FCC adopts new rules, broadband providers will be free to block, degrade, or otherwise disadvantage innovative services on the Internet without threat of sanction by the FCC. As Chairman, I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. The court's decision in Verizon established unequivocally that the Commission has the legal authority under Section 706 of the Telecommunications Act of 1996 to craft enforceable rules to protect and promote an open Internet for all Americans. Specifically, the court agreed with the Commission's conclusion that an open Internet enables a virtuous cycle of investment and broadband deployment - i.e., that innovative content and services at the edges of the network drive consumer demand for broadband services, which drives investment in broadband infrastructure and deployment, which drives more innovation at the network's edges, and so on. The court affirmed that it is the Commission's responsibility to protect this virtuous cycle and that Section 706 authorizes us to do so. I believe that the Section 706 framework set forth by the court provides us with the tools we need to adopt and implement robust and enforceable Open Internet rules. For this reason, the Notice used the court's legal blueprint as a starting point. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as the basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the Page 2- The Honorable Dan Coats authority issue, and seeks comment on the benefits of each approach, as well as the benefits of one approach over the other, to ensuring that the Internet remains an open platform for innovation and expression. Additionally, the Notice seeks comment on other proposals suggesting the Commission could apply both Section 706 and Title II to component parts of broadband Internet access services. The attention paid to this topic in the lead-up to our May Open Meeting is proof of why the open and free exchange of information must be encouraged. It is important that the Notice was reported out by the Commission so that the public can review the proposal and provide comments. Further delay would have only delayed the opportunity for public review and input. In addition, we have an extended comment period until September 1 0, 2014 so that there will be ample time for expression of views on the item. This Notice is the first step in the process, and I look forward to comments from all interested stakeholders, including members of the general public, as we develop a fulsome record on the legal authority and many other questions raised in the Notice. To that end, in an effort to maximize public participation in this proceeding, we have established an Open Internet email address - openinternet@fcc.gov - to ensure that Americans who may not otherwise have the opportunity to participate in an FCC proceeding can make their voices heard. In addition, to ensure sufficient opportunity for broad public comment, we have provided a lengthy comment and reply period that will give everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to a continued engagement with you and others in Congress as we move forward with this proceeding. Sincerely, Tom Wheeler FEDERAL COMMUN ICATIONS COMMISSION WASHINGTON OFFICC OF THE CHAIRMAN The Honorable Deb Fischer United States Senate 825 Hart Senate Office Building Washington, D.C. 20510 Dear Senator Fischer: June 30, 2014 Thank you for contacting me with your views regarding the Commission's efforts to reinstate rules to preserve and protect the Open Internet. As you know, the Notice of Proposed Rule making ("Notice") adopted by the Commission in May 2014 proposes rules that would replace those struck down early this year by the U.S. Court of Appeals for the D.C. Circuit in its Verizon decision, and we ask a number of questions about the appropriate legal foundation for such rules. Your letter will be included in the record of the proceeding and considered as part of the Commission's review. The Commission has been working for more than a decade to safeguard the Open Internet. While there has been a bipartisan consensus, starting under the Bush Administration with Chairman Powell, on the importance of an open Internet to economic growth, investment, and innovation, we find ourselves today without any rules in place to protect and promote Internet openness. The status quo is unacceptable. Unless and until the FCC adopts new rules, broadband providers will be free to block, degrade, or otherwise disadvantage innovative services on the Internet without threat of sanction by the FCC. As Chairman, I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. The court's decision in Verizon established unequivocally that the Commission has the legal authority under Section 706 of the Telecommunications Act of 1996 to craft enforceable rules to protect and promote an open Internet for all Americans. Specifically, the court agreed with the Commission's conclusion that an open Internet enables a virtuous cycle of investment and broadband deployment - i.e., that innovative content and services at the edges of the network drive consumer demand for broadband services, which drives investment in broadband infrastructure and deployment, which drives more innovation at the network's edges, and so on. The court affirmed that it is the Commission ' s responsibility to protect this virtuous cycle and that Section 706 authorizes us to do so. I believe that the Section 706 framework set forth by the court provides us with the tools we need to adopt and implement robust and enforceable Open Internet rules. For this reason, the Notice used the court's legal blueprint as a starting point. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as the basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the Page 2- The Honorable Deb Fischer authority issue, and seeks comment on the benefits of each approach, as well as the benefits of one approach over the other, to ensuring that the Internet remains an open platform for innovation and expression. Additionally, the Notice seeks comment on other proposals suggesting the Commission could apply both Section 706 and Title II to component parts of broadband Internet access services. The attention paid to this topic in the lead-up to our May Open Meeting is proof of why the open and free exchange of information must be encouraged. It is important that the Notice was reported out by the Commission so that the public can review the proposal and provide comments. Further delay would have only delayed the opportunity for public review and input. In addition, we have an extended comment period until September 10, 2014 so that there will be ample time for expression of views on the item. This Notice is the first step in the process, and I look forward to comments from all interested stakeholders, including members of the general public, as we develop a fulsome record on the legal authority and many other questions raised in the Notice. To that end, in an effort to maximize public participation in this proceeding, we have established an Open Internet email address - openinternet@fcc.gov - to ensure that Americans who may not otherwise have the opportunity to participate in an FCC proceeding can make their voices heard. In addition, to ensure sufficient opportunity for broad public comment, we have provided a lengthy comment and reply period that will give everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to a continued engagement with you and others in Congress as we move forward with this proceeding. Sincerely, ~£~- Tom Wheeler