Regulatory classification

Federal Communications Commission General Counsel Thomas Johnson faced a skeptical panel of judges of the US Court of Appeals for the District of Columbia Circuit as he defended the agency's repeal of net neutrality rules and deregulation of the broadband industry.

Whether in the halls of the courts or the halls of Congress, we will fight to defend net neutrality. Nothing less than the fate of the internet is being argued in this court case, and we must do everything we can in this historic fight. We will soon lay down a legislative marker in the Senate in support of net neutrality to show the American people that we are on their side in overwhelming supporting a free and open internet.

An organization run by a former Trump campaign statewide director is being investigated by the New York attorney general’s office for its role in submitting potentially hundreds of thousands of fraudulent comments to the Federal Communications Commission during the agency’s 2017 efforts to rollback Obama-era network neutrality rules. Research reveals the group’s deep ties to prominent GOP firms, including one paid more than $31 million by the Republican National Committee (RNC) to provide email lists of potential voters during the 2016 campaign.

Today in federal court, this Federal Communications Commission is attempting to explain why it ignored the evidence before it and hastily abandoned the carefully crafted, common sense Open Internet framework established in 2015. In the process, it ignored the will of millions of people who made their support for a free and open Internet crystal clear. Like many others, I am paying close attention. We know that consumers cannot count on the goodwill of big business to protect their interests. Unfettered access to the Open Internet provides a gateway to opportunity.

On February 1, 2019, the Benton Foundation joins a host of public interest organizations, states, and businesses that are arguing that the United States Court of Appeals for the District of Columbia Circuit should overturn the December 2017 Federal Communications Commission order that eliminated strong, enforceable net neutrality rules. An internet without net neutrality is a threat to free speech and democratic participation online. Without net neutrality protections, broadband providers are free to interfere with lawful content and services.

Oral arguments in the case against Ajit Pai's net neutrality repeal are scheduled for Feb 1, and net neutrality advocates are confident that they will be victorious. Courts generally give deference to FCC classifications, so Pai's opponents will have the burden of proving that the FCC's reasoning wasn't legally sound. Net neutrality proponents spoke to reporters about the upcoming oral arguments in a press conference on Jan 30. 

[This article was originally published on August 22, 2018]

Aug 20, 2018 was Opening Day for the litigation appealing the Federal Communications Commission’s December 2017 network neutrality decision.