PK Presses for Title II Broadband Consumer Protections; Industry Parties Argue for Title I
Public Knowledge argued for keeping net neutrality regulation under Title II of the Communications Act, saying it protects broadband consumers and that undoing it risks violating the Administrative Procedure Act. "While the Commission has the legal authority to decide to…
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throw consumers to the wolves, it is not free to pretend this is consistent with its previous orders or actions," said a PK filing Friday in docket 17-108 on a meeting with an aide to Commissioner Mignon Clyburn. "Embarrassing as it may be for the current Commission, the APA requires -- at the least -- an acknowledgement of its previous commitment to protect consumers and an explanation as to why it no longer believes it should do so. To pretend in the final Order, as the Commission does in the NPRM, that the Commission never committed to protecting broadband privacy or otherwise protect consumers, is the definition of arbitrary and capricious." Telecommunications Industry Association CEO Wes Johnston and others urged the FCC to "remove Title II regulation of broadband, as well as Commission action to remove barriers to siting of wireless facilities," said a filing on meetings with Commissioners Michael O'Rielly and Brendan Carr and aides, and an aide to Chairman Ajit Pai, that were "introductory in nature." NCTA President Michael Powell argued for returning broadband to Title I classification in a meeting with Carr and an aide. Comcast also urged a reversal of Title II in a meeting with Pai's Chief of Staff Matthew Berry and Senior Counsel Nicholas Degani. The National Hispanic Media Coalition pitched Pai's wireline adviser, Jay Schwarz, on issuing a public notice seeking comment on open internet complaints and related material.