Public Knowledge Asks DC Circuit to Keep Net Neutrality Rules in Effect During Legal Challenge

Public Knowledge and other consumer groups and companies filed an Opposition to the Motion to Stay the Federal Communications Commission’s network neutrality Order in the DC Circuit. A stay would force the FCC to delay implementing its landmark Open Internet Order, which reclassifies broadband Internet access service under Title II of the Communications Act. A stay would prevent the net neutrality rules from taking effect, denying customers the guarantee of an Open Internet while causing uncertainty for companies and consumers alike.

Public Knowledge Senior Staff Attorney John Bergmayer said, "For the rules to be stayed, the carriers must meet an exacting legal standard. They have failed to do so. First, the DC Circuit is likely to uphold the FCC's rules, as the FCC has followed the guidance the DC Circuit gave it the last time Open Internet rules were before the court. Second, the ‘harms’ the carriers point to are largely imaginary, or nothing more than complaints about being prevented from doing things the rules are supposed to prevent them from doing; e.g., giving preferential treatment to some online content, or harvesting Internet usage data for marketing purposes. Finally, granting a stay of the rules would cause real harm to Internet users, organizations, and businesses of all kinds, and would be contrary to the public interest. Whatever the Court decides as to the carriers’ preliminary request for a stay, however, we are confident it will ultimately find that the FCC acted lawfully by protecting consumers with strong Open Internet rules grounded in Title II of the Communications Act.”