Reply Comments of New Media Rights in the Matter of Protecting and Promoting the Open Internet

Abstract

New Media Rights' reply comments in the FCC's Open Internet proceeding. We focus on a series of claims by broadband providers that are not supported in the record, and amount to a "take our word for it" approach. As with our initial comments, our goal is meaningful, defensible protections for the Open Internet under Title II of the Communications Act. This reply comment covers the following subjects: 1) Large broadband provider claims that competition alone will protect the Open Internet lack any reliable data to back up this claim. In fact, some key data providers rely on expressly says it is. 2) Large broadband providers' claim that Section 706 is ample authority, and Title II is unnecessary. They make this argument because they know that 706 is so weak that they will be able to challenge and likely win against any kind of meaningful enforcement of Open Internet policy by the FCC. 3) Large broadband provider claims that Internet access is the same as the information services and content that pass through the network are technologically inaccurate. Now is the time for FCC to correct this definitional error and stop allowing broadband providers to circumvent the plain language meaning of what is considered an information service. 4) FCC Chairman Tom Wheeler has said there is "only one Internet." Large broadband provider claims that mobile broadband and fixed broadband should have significantly different rules goes against the idea of one Internet, and network management exceptions handle any variations in the two technologies.