FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTO N 
OFFICE OF 
THE CHAIRMAN 
The Honorable Edward Markey 
United States Senate 
218 Russell Senate Office Building 
Washington, D.C. 20510 
Dear Senator Markey: 
August I, 2014 
Thank you for writing to express your support for the need to reinstate rules to preserve 
an open Internet for all Americans by utilizing Title II of the Communications Act. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process of reinstating 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The overwhelming 
response to this issue demonstrates how important it is to reinstate strong rules that will stop 
broadband providers from limiting Internet openness. 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. 
As I stated in the June 30, 2014, letter to you, our Notice proposes 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. However, the Commission is also seriously 
considering moving forward to adopt rules using Title II of the Communications Act as the 
foundation for our legal authority. The Notice asks specific questions about Title II, including 
whether the Commission should I) revisit its classification of Broadband Internet Access as an 
information service; or 2) separately identify and classify as a telecommunications service a 
service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a 
May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both 
Section 706 and Title II, including the benefits of one approach over the other, to ensure the 
Internet remains an open platform for innovation and expression. 
As you know, the first deadline for submitting comments ended on July 18, 2014, and we 
have provided a reply period through September 10, 2014, that will allow everyone an 
opportunity to participate. I look forward to the additional input that we will receive. 
FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
OFFICE OF 
THE CHAIRM A N 
The Honorable Richard Blumenthal 
United States Senate 
702 Hart Senate Office Building 
Washington, D.C. 20510 
Dear Senator Blumenthal: 
August 1, 2014 
Thank you for writing to express your support for the need to reinstate rules to preserve 
an open Internet for all Americans by utilizing Title II of the Communications Act. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process of reinstating 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The overwhelming 
response to this issue demonstrates how important it is to reinstate strong rules that will stop 
broadband providers from limiting Internet openness. 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. 
As 1 stated in the June 30, 2014, letter to you, our Notice proposes 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. However, the Commission is also seriously 
considering moving forward to adopt rules using Title II of the Communications Act as the 
foundation for our legal authority. The Notice asks specific questions about Title II, including 
whether the Commission should I) revisit its classification of Broadband Internet Access as an 
information service; or 2) separately identify and classify as a telecommunications service a 
service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a 
May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both 
Section 706 and Title II, including the benefits of one approach over the other, to ensure the 
Internet remains an open platform for innovation and expression. 
As you know, the first deadline for submitting comments ended on July 18, 2014, and we 
have provided a reply period through September I 0, 2014, that will allow everyone an 
opportunity to participate. I look forward to the additional input that we will receive. 
FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
OI'FICE 01' 
THE CH ... IRMAN 
The Honorable Cory Booker 
United States Senate 
141 Hart Senate Office Building 
Washington, D.C. 20510 
Dear Senator Booker: 
August 1, 2014 
Thank you for writing to express your support for the need to reinstate rules to preserve 
an open Internet for all Americans by utilizing Title II of the Communications Act. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process of reinstating 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The overwhelming 
response to this issue demonstrates how important it is to reinstate strong rules that will stop 
broadband providers from limiting Internet openness. 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. 
As I stated in the June 30, 2014, letter to you, our Notice proposes 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. However, the Commission is also seriously 
considering moving forward to adopt rules using Title II of the Communications Act as the 
foundation for our legal authority. The Notice asks specific questions about Title II, including 
whether the Commission should 1) revisit its classification ofBroadband Internet Access as an 
information service; or 2) separately identify and classify as a telecommunications service a 
service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a 
May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both 
Section 706 and Title II, including the benefits of one approach over the other, to ensure the 
Internet remains an open platform for innovation and expression. 
As you know, the first deadline for submitting comments ended on July 18, 2014, and we 
have provided a reply period through September 1 0, 2014, that will allow everyone an 
opportunity to participate. I look forward to the additional input that we will receive. 
Page 2- The Honorable Cory Booker 
Again, I appreciate your deep interest in this matter and look forward to continued 
engagement with you as the proceeding moves forward. 
s;_u~~ 
Tom Wheeler 
FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
OFFICE OF 
THE CHAI R MA N 
The Honorable Barbara Boxer 
United States Senate 
112 Hart Senate Office Building 
Washington, D.C. 2051 0; 
Dear Senator Boxer: 
August 1, 2014 
Thank you for writing to express your support for the need to reinstate rules to preserve 
an open Internet for all Americans by utilizing Title II of the Communications Act. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process of reinstating 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The overwhelming 
response to this issue demonstrates how important it is to reinstate strong rules that will stop 
broadband providers from limiting Internet openness. 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. 
As I stated in the June 30, 2014, letter to you, our Notice proposes 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. However, the Commission is also seriously 
considering moving forward to adopt rules using Title 11 of the Communications Act as the 
foundation for our legal authority. The Notice asks specific questions about Title II, including 
whether the Commission should 1) revisit its classification of Broadband Internet Access as an 
information service; or 2) separately identify and classify as a telecommunications service a 
service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a 
May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both 
Section 706 and Title II, including the benefits of one approach over the other, to ensure the 
Internet remains an open platform for innovation and expression. 
As you know, the first deadline for submitting comments ended on July 18, 2014, and we 
have provided a reply period through September 10, 2014, that will allow everyone an 
opportunity to participate. I look forward to the additional input that we will receive. 
Page 2- The Honorable Barbara Boxer 
Again, I appreciate your deep interest in this matter and look forward to continued 
engagement with you as the proceeding moves forward. 
d?-
TomW 
FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
OHICE OF 
THE CHAIR"1 AN 
The Honorable AI Franken 
United States Senate 
309 Hart Senate Office Building 
Washington, D.C. 20510 
Dear Senator Franken: 
August 1, 2014 
Thank you for writing to express your support for the need to reinstate rules to preserve 
an open Internet for all Americans by utilizing Title II of the Communications Act. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process of reinstating 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The overwhelming 
response to this issue demonstrates how important it is to reinstate strong rules that will stop 
broadband providers from limiting Internet openness. 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. 
As I stated in the June 30, 2014, letter to you, our Notice proposes 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. However, the Commission is also seriously 
considering moving forward to adopt rules using Title II of the Communications Act as the 
foundation for our legal authority. The Notice asks specific questions about Title II, including 
whether the Commission should 1) revisit its classification of Broadband Internet Access as an 
information service; or 2) separately identify and classify as a telecommunications service a 
service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a 
May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both 
Section 706 and Title 11, including the benefits of one approach over the other, to ensure the 
Internet remains an open platform for innovation and expression. 
As you know, the first deadline for submitting comments ended on July 18, 2014, and we 
have provided a reply period through September 1 0, 2014, that will allow everyone an 
opportunity to participate. I look forward to the additional input that we will receive. 
Page 2- The Honorable AI Franken 
Again, I appreciate your deep interest in this matter and look forward to continued 
engagement with you as the proceeding moves forward. 
smcerely, _j,' t-­
~~t 
FEDERAL COM M UN !CATIONS COMMISS I ON 
WASHINGTON 
OFf'ICE OF' 
THE CHAI RMAN 
The Honorable Kirsten Gillibrand 
United States Senate 
4 78 Russell Senate Office Building 
Washington, D.C. 20510 
Dear Senator Gillibrand: 
August 1, 2014 
Thank you for writing to express your support for the need to reinstate rules to preserve 
an open Internet for all Americans by utilizing Title II of the Communications Act. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process of reinstating 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The overwhelming 
response to this issue demonstrates how important it is to reinstate strong rules that will stop 
broadband providers from limiting Internet openness. 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. 
As I stated in the June 30, 2014, letter to you, our Notice proposes 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. However, the Commission is also seriously 
considering moving forward to adopt rules using Title II of the Communications Act as the 
foundation for our legal authority. The Notice asks specific questions about Title II, including 
whether the Commission should 1) revisit its classification of Broadband Internet Access as an 
information service; or 2) separately identify and classify as a telecommunications service a 
service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a 
May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both 
Section 706 and Title II, including the benefits of one approach over the other, to ensure the 
Internet remains an open platform for innovation and expression. 
As you know, the first deadline for submitting comments ended on July 18, 2014, and we 
have provided a reply period through September 10, 2014, that will allow everyone an 
opportunity to participate. I look forward to the additional input that we will receive. 
Page 2- The Honorable Kirsten Gillibrand 
Again, I appreciate your deep interest in this matter and look forward to continued 
engagement with you as the proceeding moves forward. 
;_~~t--
Tom Wheeler 
FEDERAL COMMUNICATIONS COMMISS ION 
WASHINGTON 
OFFICE OF 
THE CHAIR M A N 
The Honorable Jeff Merkley 
United States Senate 
107 Russell Senate Office Building 
Washington, D.C. 20510 
Dear Senator Merkley: 
August 1, 2014 
Thank you for writing to express your support for the need to reinstate rules to preserve 
an open Internet for all Americans by utilizing Title II of the Communications Act. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process of reinstating 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The overwhelming 
response to this issue demonstrates how important it is to reinstate strong rules that will stop 
broadband providers from limiting Internet openness. 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. 
As I stated in the June 30, 2014, letter to you, our Notice proposes 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. However, the Commission is also seriously 
considering moving forward to adopt rules using Title II of the Communications Act as the 
foundation for our legal authority. The Notice asks specific questions about Title II, including 
whether the Commission should 1) revisit its classification of Broadband Internet Access as an 
information service; or 2) separately identify and classify as a telecommunications service a 
service that "broadband providers .. . furnish to edge providers," as proposed by Mozilla in a 
May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both 
Section 706 and Title II, including the benefits of one approach over the other, to ensure the 
Internet remains an open platform for innovation and expression. 
As you know, the first deadline for submitting comments ended on July 18, 2014, and we 
have provided a reply period through September 10, 2014, that will allow everyone an 
opportunity to participate. I look forward to the additional input that we will receive. 
Page 2- The Honorable Jeff Merkley 
Again, I appreciate your deep interest in this matter and look forward to continued 
engagement with you as the proceeding moves forward. 
_:_;;·A~( t-
Tom Wheeler 
FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
OFFICE OF 
THE CHAI RM AN 
The Honorable Bernard Sanders 
United States Senate 
332 Dirksen Senate Office Building 
Washington, D.C. 20510 
Dear Senator Sanders: 
August 1, 2014 
Thank you for writing to express your support for the need to reinstate rules to preserve 
an open Internet for all Americans by utilizing Title II of the Communications Act. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process of reinstating 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The overwhelming 
response to this issue demonstrates how important it is to reinstate strong rules that will stop 
broadband providers from limiting Internet openness. 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. 
As I stated in the June 30, 2014, letter to you, our Notice proposes 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. However, the Commission is also seriously 
considering moving forward to adopt rules using Title II of the Communications Act as the 
foundation for our legal authority. The Notice asks specific questions about Title II, including 
whether the Commission should 1) revisit its classification of Broadband Internet Access as an 
information service; or 2) separately identify and classify as a telecommunications service a 
service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a 
May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both 
Section 706 and Title II, including the benefits of one approach over the other, to ensure the 
Internet remains an open platform for innovation and expression. 
As you know, the first deadline for submitting comments ended on July 18, 2014, and we 
have provided a reply period through September 1 0, 2014, that will allow everyone an 
opportunity to participate. I look forward to the additional input that we will receive. 
Page 2- The Honorable Bernard Sanders 
Again, I appreciate your deep interest in this matter and look forward to continued 
engagement with you as the proceeding moves forward. 
;;:1~ t/-
Tom Wheeler 
FEDERAL COMMUNICATIONS COMMISS I ON 
WASHINGTON 
OFFICE OF 
THE C H AIRM A N 
The Honorable Charles Schumer 
United States Senate 
322 Hart Senate Office Building 
Washington, D.C. 20510 
Dear Senator Schumer: 
August 1, 2014 
Thank you for writing to express your support for the need to reinstate rules to preserve 
an open Internet for all Americans by utilizing Title II of the Communications Act. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process of reinstating 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The overwhelming 
response to this issue demonstrates how important it is to reinstate strong rules that will stop 
broadband providers from limiting Internet openness. 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. 
As I stated in the June 30, 2014, letter to you, our Notice proposes 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. However, the Commission is also seriously 
considering moving forward to adopt rules using Title II of the Communications Act as the 
foundation for our legal authority. The Notice asks specific questions about Title II, including 
whether the Commission should 1) revisit its classification of Broadband Internet Access as an 
information service; or 2) separately identify and classify as a telecommunications service a 
service that "broadband providers ... furnish to edge providers," as proposed by Mozilla in a 
May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both 
Section 706 and Title II, including the benefits of one approach over the other, to ensure the 
Internet remains an open platform for innovation and expression. 
As you know, the first deadline for submitting comments ended on July 18, 2014, and we 
have provided a reply period through September 10, 2014, that will allow everyone an 
opportunity to participate. I look forward to the additional input that we will receive. 
Page 2- The Honorable Charles Schumer 
Again, I appreciate your deep interest in this matter and look forward to continued 
engagement with you as the proceeding moves forward. 
~Wheeler 
FEDERAL COMM U N I CATIONS C O MMISS ION 
W ASHINGTON 
Of"FICE OF 
THE CHAIRM AN 
The Honorable Elizabeth Warren 
United States Senate 
C2 Russell Senate Office Building 
Washington, D.C. 20510 
Dear Senator Warren: 
August 1, 2014 
Thank you for writing to express your support for the need to reinstate rules to preserve 
an open Internet for all Americans by utilizing Title II of the Communications Act. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process of reinstating 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The overwhelming 
response to this issue demonstrates how important it is to reinstate strong rules that will stop 
broadband providers from limiting Internet openness. 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. 
As I stated in the June 30, 2014, letter to you, our Notice proposes 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. However, the Commission is also seriously 
considering moving forward to adopt rules using Title II of the Communications Act as the 
foundation for our legal authority. The Notice asks specific questions about Title II, including 
whether the Commission should 1) revisit its classification of Broadband Internet Access as an 
information service; or 2) separately identify and classify as a telecommunications service a 
service that "broadband providers . .. furnish to edge providers," as proposed by Mozilla in a 
May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both 
Section 706 and Title II, including the benefits of one approach over the other, to ensure the 
Internet remains an open platform for innovation and expression. 
As you know, the first deadline for submitting comments ended on July 18, 2014, and we 
have provided a reply period through September 10, 2014, that will allow everyone an 
opportunity to participate. I look forward to the additional input that we will receive. 
Page 2- The Honorable Elizabeth Warren 
Again, I appreciate your deep interest in this matter and look forward to continued 
engagement with you as the proceeding moves forward. 
Sincerely/!~~--
e.hecJcr 
FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
OFFICE OF" 
THE CHAIR MAN 
The Honorable Ron Wyden 
United States Senate 
223 Dirksen Senate Office Building 
Washington, D.C. 20510 
Dear Senator Wyden: 
August 1, 2014 
Thank you for writing to express your support for the need to reinstate rules to preserve 
an open Internet for all Americans by utilizing Title II of the Communications Act. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process of reinstating 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The overwhelming 
response to this issue demonstrates how important it is to reinstate strong rules that will stop 
broadband providers from limiting Internet openness. 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. 
As I stated in the June 30, 2014, letter to you, our Notice proposes 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. However, the Commission is also seriously 
considering moving forward to adopt rules using Title II of the Communications Act as the 
foundation for our legal authority. The Notice asks specific questions about Title II, including 
whether the Commission should 1) revisit its classification of Broadband Internet Access as an 
information service; or 2) separately identify and classify as a telecommunications service a 
service that "broadband providers . .. furnish to edge providers," as proposed by Mozilla in a 
May 5, 2014, Petition filed with the agency. The Notice seeks comment on the benefits of both 
Section 706 and Title II, including the benefits of one approach over the other, to ensure the 
Internet remains an open platform for innovation and expression. 
As you know, the first deadline for submitting comments ended on July 18, 2014, and we 
have provided a reply period through September 1 0, 2014, that will allow everyone an 
opportunity to participate. I look forward to the additional input that we will receive. 
Page 2- The Honorable Ron Wyden 
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 
OrFIC£ OF 
THE CHAIRM AN 
The Honorable Benjamin Cardin 
United States Senate 
509 Hart Senate Office Building 
Washington, D.C. 20510 
Dear Senator Cardin: 
August 1, 2014 
Thank you for writing to express your concerns regarding the need to reinstate rules to 
preserve an open Internet for all Americans. I share your sense of urgency on this matter. For 
this reason, I 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 I will ensure that it is included in the record ofthe 
proceeding and considered as part of the Commission's review. 
The Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The 
overwhelming response to this issue demonstrates how important it is to reinstate strong rules 
that will stop broadband providers from limiting Internet openness. 
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 we will utilize the best tools available 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. 
Page 2-The Honorable Benjamin Cardin 
With respect to the legal foundation of the rules, our Notice proposes 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, as you suggest in your letter, the 
Commission is also seriously considering moving forward to adopt rules using Title II of the 
Communications Act as the foundation for our legal authority. The Notice asks specific 
questions about Title II, including whether the Commission should 1) revisit its classification of 
Broadband Internet Access as an information service; or 2) separately identify and classify as a 
telecommunications service a service that "broadband providers ... furnish to edge providers," 
as proposed by Mozilla in a May 5 Petition filed with the agency. The Notice seeks comment on 
the benefits of both Section 706 and Title II, including the benefits of one approach over the 
other, to ensure the Internet remains an open platform for innovation and expression. 
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. 
Page 3- The Honorable Benjamin Cardin 
Again, I appreciate your deep interest in this matter and look forward to continued 
engagement with you as the proceeding moves forward. 
FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
OFFICE OF 
THE C H AIRM AN 
The Honorable Sheldon Whitehouse 
United States Senate 
502 Hart Senate Office Building 
Washington, D.C. 20510 
Dear Senator Whitehouse: 
August 1, 2014 
Thank you for writing to express your concerns regarding the need to reinstate rules to 
preserve an open Internet for all Americans. I share your sense of urgency on this matter. For 
this reason, I 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 Notice asks a fundamental question: "What is the right public policy to ensure that 
the Internet remains open?" I am grateful that Americans have answered the call. We have 
received over one million comments on the Notice from the American public. The 
overwhelming response to this issue demonstrates how important it is to reinstate strong rules 
that will stop broadband providers from limiting Internet openness. 
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 we will utilize the best tools available 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. 
Page 2- The Honorable Sheldon Whitehouse 
With respect to the legal foundation of the rules, our Notice proposes 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, as you suggest in your letter, the 
Commission is also seriously considering moving forward to adopt rules using Title II of the 
Communications Act as the foundation for our legal authority. The Notice asks specific 
questions about Title II, including whether the Commission should 1) revisit its classification of 
Broadband Internet Access as an information service; or 2) separately identify and classify as a 
telecommunications service a service that "broadband providers ... furnish to edge providers," 
as proposed by Mozilla in a May 5 Petition filed with the agency. The Notice seeks comment on 
the benefits of both Section 706 and Title II, including the benefits of one approach over the 
other, to ensure the Internet remains an open platform for innovation and expression. 
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. 
Page 3- The Honorable Sheldon Whitehouse 
Again, I appreciate your deep interest in this matter and look forward to continued 
engagement with you as the proceeding moves forw::cerely, A 
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