FCC Commissioner O'Rielly: I'm Not Holding Up Title II Order Release

Federal Communications Commission member Michael O'Rielly is not happy with what he says is the suggestion his lengthy dissent in the network neutrality/Title II decision could be a reason for delaying the public release of the order's language. The vote will reclassify Internet service providers as telecommunications subject to some Title II common carrier regulations.

After the vote, FCC officials would not put a timetable on its release, saying that per a D.C. Appeals court decision -- the same court that will likely be reviewing a legal challenge to the new rules -- the FCC is required to "engage the arguments raised before it," including in dissenting opinions, and FCC General Counsel said the FCC will do that "as quickly as we can." Both Commissioners O'Rielly and Ajit Pai had multi-page, multi-part dissents running to several pages (Commissioner O'Rielly's was nine pages -- but a longer version is on the way, he signaled). FCC Chairman Tom Wheeler also said the FCC would post the order on its Web site after the FCC gets the dissents in and looks at them, citing the court decision.

In a statement on what he labeled as an "FCC Leadership Attempt to Blame Minority for Lack of Transparency," Commissioner O'Rielly said it was a "spin tactic" to claim that minority commissioners are delaying release of the order language. "Against my wishes and the numerous demands of House and Senate Chairmen on Capitol Hill, FCC leadership has steadfastly refused let the public see this 300+ page document, and I have had to endure weeks of disinformation with limited ability to respond for fear of running afoul of Commission rules," he said. "To be clear, I filed a version of my dissenting statement today, with a longer one to follow in the next few days. To say that this is somehow holding up the Commission’s release of the document and extending the process is ludicrous. After refusing to share this document for three weeks, it takes a lot of nerve for Commission leadership to blame me for its lack of transparency."