Above Photo: From freepress.net
Note: In a tremendous victory for Internet freedom the DC Circuit Court of Appeals ruled in a 2-1 decision that the FCC was within its statutory power to put in place net neutrality rules. The rules ensure equal access to the Internet as well as equal service and upholds the principle that broadband providers must treat all Internet traffic the same regardless of source.
The key to the decision was that the FCC reclassified the Internet under Title II of the Federal Telecommunications Act as a common carrier. In two previous decisions the court refused to uphold net neutrality because the agency had reclassified the Internet out of Title II, under Chairman Michael Powell, who went on to head the National Cable and Telecommunications Association, the major industry lobbying group in Washington, DC.
When this political issue was developing we occupied the FCC before Chairman Tom Wheeler announced the public comment period. As our encampment grew over the week before he announced the rulemaking a lot of media reported it on it and it created problems inside the FCC with employees upset that net neutrality was not Chairman Wheeler’s plan. Three of the five commissioners came to the encampment to talk with us.
When Chairman Wheeler came to our encampment we used our brief time to emphasize that the FCC should follow the advice of the Court of Appeals and reclassify the Internet as a common carrier under Title II. We told him, the court made it clear that was the only way the FCC would have the power to put in place net neutrality rules and that net neutrality would not survive judicial review without reclassification. He disagreed saying he thought there was a way to do so without reclassification. We debated this point and urged him to read the decision and get a legal opinion. Two days later, Wheeler announced the rulemaking proceeding and asked for comments on his proposal for a tiered Internet as well as the proposal of the movement for reclassification of the Internet as a common carrier.
The campaign for net neutrality involved a broad coalition of organizations and the largest response ever to an FCC rulemaking proceeding. The FCC received more than 3.7 million comments on the proposed net neutrality rules, which overwhelmingly supported reclassification to ensure net neutrality. There were protests throughout the country supporting equal access to the Internet. The people showed how important the Internet is to them and that they did not want any discrimination based on wealth or other factors. This court decision is a victory for the people against some of the most powerful corporate lobbyists in the country.
We expect Comcast, Verizon and other corporations to appeal to the US Supreme Court and work in Congress to undo these rules, but the people are organized and vigilant to protect the Internet and ensure equal access and equal service to all. Â Kevin Zeese and Margaret Flowers
Net Neutrality Upheld by US Court of Appeals for DC Circuit
Today a panel of judges ruled in favor of the FCC’s Net Neutrality rules — agreeing with the overwhelming majority of internet users that this agency can and must protect everyone’s rights to connect and communicate.
This outcome proves what we’ve known all along: that the FCC chose the right legal path to defend our internet freedom.
This ruling is a huge victory for the millions and millions of internet users who have fought for years for Net Neutrality. They’ve fought to ensure that the FCC has the power to protect everyone’s right to connect and communicate online. The court upheld the agency’s clear authority to prevent internet service providers from unfairly interfering with our communications. It confirmed that this authority stands on bedrock communications law and recognized the vital role that the open internet plays in our society.The people have spoken, the courts have spoken and this should be the last word on Net Neutrality. The companies and Congress should listen to the will of the people, follow the law and let the FCC do its job. But if and when opponents of the open internet try to take their case to Congress or the Supreme Court, we remain committed to continuing the fight alongside the millions of Americans who are dedicated to preserving an internet that’s open to everyone.
Now it’s time to take the fight for a universal, affordable and open internet to the next level.
We need the FCC to enforce its rules. We will continue shining a light on ISP abuses, uncover any new Net Neutrality violations, and bring formal complaints to the agency about broadband providers’ unreasonable schemes.
And just because we’ve won the right to do that doesn’t mean our opponents will quit. Whether the fight moves to Congress or the Supreme Court we’ll be there to defend the open internet … and with your help we’ll win.
So we hope you’ll join us in building on this victory. A great way to get started?
