As a result of the US Court of Appeals for the District of Columbia Circuit denying motions for stay of the FCC’s Open Internet/Net Neutrality Order, the FCC’s Order will go into effect today, 6/12/15. TMI’s Blog “Court Refuses To Stay Open Internet Order” included a statement from FCC Chairman Tom Wheeler in response to the Court’s action. Subsequent reactions from other parties have proven to be so interesting and plentiful that we were compelled to include a number of them in this posting to update our original Blog article.
The other FCC Commissioners issued separate statements, as follows:
Commissioner Ajit Pai
“Because President Obama’s plan to regulate the Internet is already harming broadband investment and deployment, I am pleased that the D.C. Circuit will be hearing the appeal of President Obama’s plan on an expedited basis. Although I am disappointed that the court did not stay the rules pending its review, this development was not unexpected. The bar for granting any stay is quite high, and I am pleased that the court did not suggest that the rules are in fact legally valid. I welcome the court’s coming examination of the FCC’s 313-page order, during which it will have an opportunity to address the order’s serious procedural and substantive flaws.”
Commissioner Mignon L. Clyburn
“I am pleased that the FCC’s Open Internet Order and strong rules to ensure there are no slow lanes on the Internet become effective tomorrow. A free and open Internet is vital to our democracy and competitive market. I am proud to stand up for the consumer to protect free speech and a free market.”
Commissioner Michael O’Rielly
“I am disappointed by the court’s decision to deny a stay of the Net Neutrality Order. The fight against the Commission’s rules, however, has only just begun, because unless eradicated they will ultimately harm the foundations of the Internet, and limit its possibilities. In the meantime, I will be vigilant in resisting any attempts by the agency to act as a referee enforcing rules known to none of the players and made up along the way.
Commissioner Jessica Rosenworcel
“The Internet is the most dynamic platform for free speech ever invented and our Internet economy is the envy of the world. Sustaining this platform, which keeps us innovative, fierce, and creative, should not be a choice – it should be an obligation. That’s why I am pleased that the D.C. Circuit declined to stay our Open Internet rules, which will take effect tomorrow.”
Also weighing in from the U.S. Senate Committee on Commerce, Science, and Transportation were Senators Bill Nelson (D-FL) and John Thune (R-SD). Their comments are included below.
U. S. Senator Bill Nelson
“The rules are now poised to go into effect,” said Nelson. “While the court conducts its review, I remain committed to finding true bipartisan consensus to take the important protections the FCC put into place and provide the certainty that only legislation can provide. That legislation, though, must fully protect consumers, preserve the FCC’s role, and leave the agency with flexible, forward-looking authority.”
U. S. Senator John Thune
“This decision underscores the need for Congress to find a bipartisan legislative solution to protect, preserve, and promote the free and open Internet. I will continue my work with Ranking Member Nelson to achieve that goal. Edge companies, broadband providers, and Internet users alike all need clear rules of the digital road so they can continue to innovate, invest, and use the Internet with confidence. Only Congress, on a bipartisan basis, can provide that legal certainty.”
See the statement from the House Energy and Commerce committee leaders in TMI’s The Regulatory Mix dated 6/12/15.
The Court Order is available here.