FCC Chairman Wheeler's Response to Rep. Waxman and Rep. Eshoo Regarding Open Internet

On Oct. 3, 2014, Rep. Henry Waxman (D-CA) advocated for a hybrid approach of Title II and Section 706 to "produce the bright-line protections that advocates are seeking while avoiding the invocation of the Title II authorities most strongly opposed by the broadband providers." On Nov. 19th, 2014, Chairman Wheeler responded to Rep. Waxman by referring to the fact that they had met to discuss the issue, but reaffirmed that "there are three bright lines for any open Internet rules: no blocking, no throttling, and no fast lanes."

On Oct. 22, 2014, Rep. Anna Eshoo (D-CA) sent a letter to Federal Communications Commission Chairman Tom Wheeler asking for Title II reclassification to support network neutrality, and to protect mobile broadband under the Open Internet Rules. On Nov. 21, 2014, Chairman Wheeler responded to Rep. Eshoo's letter by writing "...the President has announced his support for reclassification of consumer broadband services under Title II, with forbearance from rate regulation and other provisions less relevant to broadband services. We are looking closely at these and other approaches, a process that reflects what I have said throughout this proceeding: all options, including Title II, remain on the table." Chairman Wheeler also agreed with Rep. Eshoo that any rules adopted must be based on solid legal ground, reaffirmed his opposition to "fast lanes", reminded Rep. Eshoo that the Supreme Court upheld the transparency rule in the 2010 Open Internet Order regarding reasonable network management and billing practices, and expressed his agreement that mobile broadband should be covered by the Open Internet rules.