FCC Chairman Wheeler's Response to Sen Thune and Reps Upton and Walden on the Open Internet

On January 22, 2015, Senate Commerce Committee Chairman John Thune (R-SD), House Commerce Committee Chairman Fred Upton (R-MI), and House Communications Subcommittee Chairman Greg Walden (R-OR) wrote to Federal Communications Commission Chairman Tom Wheeler to urge Chairman Wheeler to publicly release the draft text of the full Open Internet item in advance of the FCC vote in February.

On February 2, Chairman Wheeler responded claiming that the FCC's process for considering items like the Open Internet rule is designed to give Commissioners a three-week period to discuss in confidence the substance of an item before final decisions are released. Chairman Wheeler said, "What you have suggested in terms of releasing the preliminary discussion draft of the Order runs contrary to Commission procedure followed over the years by both Democratic and Republican Chairs. If decades of precedent are to be changed, then there must be an opportunity for thoughtful review in the lead up to any change...We will continue to hear from interested parties in the run-up to the open meeting, will engage in the normal confidential process of sharing and considering changes to that Order and, of course, will consider and discuss the matter in public at the open meeting."