F EDERAL COMMUN ICATIONS COMMISSION W ASHINGTON OFFICE OF T H F: CHA I RMAN The Honorable Gene Green U.S. House of Representatives 2470 Rayburn House Office Building Washington, D.C. 20515 Dear Representative Green: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice , and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2-The Honorable Gene Green 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. ~~j Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON O FFICE OF THE CHAIRM AN The Honorable John Barrow U.S. House of Representatives 2202 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Barrow: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, l 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2- The Honorable John Barrow 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, -:;;;;-/4 Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OHICE O F THE CHAIR M AN The Honorable Sanford Bishop U.S. House ofRepresentatives 2429 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Bishop: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission' s review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2- The Honorable Sanford Bishop 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules ofthe road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer' s or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many questions raised in the Nofice. 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, ~#(I Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Corrine Brown U.S. House of Representatives 2111 Rayburn House Office Building Washington, D.C. 20515 Dear Congresswoman Brown: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission' s review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use ofTitle II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2-The Honorable Corrine Brown 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced .. With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. This Notice is the first step in the process, and I look forward to comments from a11 interested stakeholders, including members of the general public, as we develop a fulsome record on the many 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 through September l 0, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, --:;;;;-4. Tom Wheeler FEDERA L COMMUNICATIONS COMMI S SION WASHIN GTON OF"F"ICE OF" THE CHAIRMAN The Honorable O.K. Butterfield U.S. House of Representatives 2305 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Butterfield: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your Jetter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and unti l the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2-The Honorable G.K. Butterfield 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced .. With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, Tom Wheeler FEDERAL COMMUNICATIONS COMMISSIO N WASHINGTON OFFICE OF THE CHAI RMA N The Honorable Joaquin Castro U.S. House of Representatives 212 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Castro: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rule making ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and 1 will ensure that it is included in the record of the proceeding and considered as part of the Commission 's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2- The Honorable Joaquin Castro 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, Tom Wheeler FEDERAL COMMUNICATIONS COMM I S S ION WASHINGTON OFFICE OF THE CHAIR M AN The Honorable William Lacy Clay U.S. House of Representatives 2418 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Clay: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice" ) adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use ofTitle II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2- The Honorable William Lacy Clay 706 and Title 11 to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced .. With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFF ICE OF T H E C H A IR M AN The Honorable Henry Cuellar U.S. House of Representatives 2431 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Cuellar: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Ru/emaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2- The Honorable Henry Cuellar 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, ~~ Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON Of'f'ICE Of' THE CHAIRMAN The Honorable Alcee Hastings U.S. House of Representatives 2353 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Hastings: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 20 14 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use ofTitle II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2-The Honorable Alcee Hastings 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, -;;;;:;-~ Tom Wheeler FEDERAL COM M UN !CATIONS COMMISSION WASHINGTON OFFICE O F T H E C H AI RMAN The Honorable Gregory Meeks U.S. House of Representatives 2234 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Meeks: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet fo r all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part ofthe Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2- The Honorable Gregory Meeks 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer' s or a content provider' s relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. This Notice is the first step in the process, and I look forward to comments from all interested stakeholders, including members ofthe general public, as we develop a fulsome record on the many 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 through September I 0, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, --:;;;;;-~ Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRM AN The Honorable Bill Owens U.S. House of Representatives 405 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Owens: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. 1 can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use ofTitle II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2- The Honorable Bill Owens 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10,2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, ~~ Tom Wheeler F EDERAL COMM U N ICATIONS C OMMISSION W ASH I NGTON OFFI C E OF THE C H AI RM AN The Honorable Scott Peters U.S. House of Representatives 2410 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Peters: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2- The Honorable Scott Peters 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, -;;;;~ Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE O F THE CHAI R M AN The Honorable Nick Rahall U.S. House of Representatives 2307 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Rahall: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation ofthe rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2-The Honorable Nick Rahall 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, --;;:;-4 Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Bobby Rush U.S. House of Representatives 2268 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Rush: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2- The Honorable Bobby Rush 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, ~~ Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION W AS H INGTON OFFICE OF T H E C H AI RM A N The Honorable Loretta Sanchez U.S. House ofRepresentatives 1114 Longworth House Office Building Washington, D.C. 20515 Dear Congresswoman Sanchez: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part ofthe Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2-The Honorable Loretta Sanchez 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September I 0, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, --:;;:;-/4. Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF T HE CHAIR MA N The Honorable Kurt Schrader U.S. House of Representatives 108 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Schrader: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The stalus quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2-The Honorable Kurt Schrader 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 1 0, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFf iCE OF THE CH ... IR M AN The Honorable David Scott U.S. House of Representatives 225 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Scott: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. 1 share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice , and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 1 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2- The Honorable David Scott 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, -:;;;;-#(/_ Tom Wheeler FEDERAL COMMUNICATIONS COMMISS ION WASHINGTON O F FICE OF THE C H ... IRM " N The Honorable Albio Sires U.S. House of Representatives 2342 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Sires: June 30,2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use ofTitle II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2-The Honorable Albio Sires 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 1 0, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, -:;;;;-~ Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIR M AN The Honorable Bennie Thompson U.S. House ofRepresentatives 2466 Rayburn House Office Building Washington, D.C. 20515 Dear Congressman Thompson: June 30,2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. I can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2- The Honorable Bennie Thompson 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the ru les, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer's or a content provider's relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission 's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, -:;;;;-#;{/_ Tom Wheeler FEDERAL COMMUNICATIONS COMMISSION WASHINGTON OFFICE OF THE CHAIRMAN The Honorable Marc Veasey U.S. House of Representatives 414 Cannon House Office Building Washington, D.C. 20515 Dear Congressman Veasey: June 30, 2014 Thank you for writing to express your concerns regarding the need to reinstate rules to preserve a free and Open Internet for all Americans, and the legal basis upon which the Commission relies in proposing to reinstate its rules. I share the sense of urgency expressed by many on this matter and moved with dispatch to initiate a proceeding to consider new open Internet rules to replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you know, the Notice of Proposed Rulemaldng ("Notice") adopted by the Commission in May 2014 begins that process. Therein, we ask a number of questions about the rules we need to adopt, as well as the appropriate legal foundation for such rules. Your letter touches on some of the most important issues presented in the Notice, and I will ensure that it is included in the record of the proceeding and considered as part of the Commission's review. The Commission has struggled for over a decade with how best to protect and promote an open Internet. While there has been 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 faced with the worst case scenario: we have no Open Internet rules in place to stop broadband providers from limiting Internet openness. The status quo is unacceptable. The Commission has already found, and the court has agreed, that broadband providers have economic incentives and technological tools to engage in behavior that can limit Internet openness and harm consumers and competition. As such, the Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. l can assure you that I will utilize the best tools available to me to ensure the Commission adopts effective and resilient open Internet rules. Unless and until the Commission 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. With respect to the legal foundation of the rules, 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. Nevertheless, the Commission also is seriously considering the use of Title II of the Communications Act as a basis for legal authority. The Notice explains that both Section 706 and Title II are viable solutions to the 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 Page 2-The Honorable Marc Veasey 706 and Title II to component parts of broadband Internet access services and asks about the extent to which forbearance from certain provisions of the Act or our rules would be justified so that the regulatory treatment of broadband providers is appropriately balanced. . With respect to the substance of the rules, the proposals and questions in the Notice are designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to protect the open Internet and prevent broadband providers from harming consumers or competition. I am especially sensitive to concerns about paid prioritization arrangements, and the potential such arrangements have for creating an Internet that is fast for a few, and slow for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, robust and open for everyone. The Notice addresses this issue head-on, even asking if paid prioritization should be banned outright. It also proposes clear rules of the road and aggressive enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small companies and startups must be able to reach consumers with their innovative products and services, and they must be protected against harmful conduct by broadband providers. The Notice includes a number of proposals designed to empower consumers and small businesses who may find themselves subject to harmful behavior by a broadband provider. For example, the Court of Appeals did uphold our existing transparency rule, and the Notice proposes to strengthen that rule to require that networks disclose any practices that could change a consumer' s or a content provider' s relationship with the network. The Notice proposes the creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses and consumers. And the Notice seeks comment on how to ensure that all parties, and especially small businesses and start-ups, have effective access to the Commission's dispute resolution and enforcement processes. 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 many 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 through September 10, 2014, that will allow everyone an opportunity to participate. Again, I appreciate your deep interest in this matter and look forward to continued engagement with you as the proceeding moves forward. Sincerely, 7;;;/:t(t Tom Wheeler