FCC Chairman Wheeler Defends Draft Net Neutrality Rules

The Federal Communications Commission (FCC) is reviewing a draft Notice of Proposed Rulemaking (NPRM) to reinstate so-called "net neutrality" rules aimed at preventing the operators of broadband networks from treating consumers and content providers unfairly. As we reported in January, the US Court of Appeals for the DC Circuit struck down most of the FCC's previous rules for lack of statutory authority. Verizon v. FCC (No. 11-1355). True to his promise, FCC Chairman Tom Wheeler has ensured that replacement rules will be considered.

Although the draft NPRM has not been released to the public, what some have heard of its contents is not encouraging. Fears persist that operators will be given carte blanche to discriminate against third-party content. Many predict that, without strong FCC rules and enforcement, the Internet will become a playground for only the richest consumers and content providers.