FCC Chairman Wheeler Wants Replacement Open Internet Rules

Yesterday, Federal Communications Commission (FCC) Chairman Tom Wheeler issued a press release stating that the agency will revisit the Open Internet issue and consider new rules to replace those that the DC Circuit vacated on January 15, 2014, in Verizon v. FCC. (See the client alert here.) Wheeler stated that, although it struck down two of the three core Open Internet rules, the Court affirmed the FCC's authority under Section 706 "to encourage broadband deployment" and "upheld the Commission's judgment that Internet freedom encourages broadband investment[.]" Apparently emboldened by these judicial findings, Wheeler exhorts his "fellow commissioners" to do the following:

• Enforce the "transparency" rule that the DC Circuit left in place. This rule requires broadband providers to disclose clearly to consumers what level of performance they can expect from their service.