FCC's Top Lawyer Lays Out Net Neutrality Argument

Federal Communications Commission General Counsel Tom Johnson is set to rebut net neutrality advocates on Feb. 1 before the DC Circuit Court of Appeals — and he previewed the agency’s arguments during a Free State Foundation event Nov 9. He said the FCC would cite a “stamp of approval from the Supreme Court” via the 2005 Brand X decision, which asserted that broadband can be classified as an information service, as well as “a history of past commission orders reaching the same conclusion.” Although the FCC believes it can override state net neutrality laws like the one in California, it hasn’t yet settled the question of whether it can challenge efforts to make net neutrality a requirement for state government contracts, Johnson said. “The commission has not taken an explicit position,” he said, adding the FCC hasn’t sought to intervene in such procurement-related actions for that reason.