FCC Will Try to Rewrite Open Internet Rules

Amid growing pressure to preserve the open Internet, Federal Communications Commission chairman Tom Wheeler said today that the commission is going to try again to craft rules that can withstand a court challenge. The FCC will not appeal the D.C. Circuit Court's decision last month that remanded the rules back to the agency. "The D.C. Circuit rules that the FCC has the legal authority to issue enforceable rules of the road to preserve Internet freedom and openness," Wheeler said in a statement outlining his next steps. But last month's court decision was a mixed bag, giving the FCC authority to set rules of the road for ensuring an open Internet, but striking down the no blocking and non-discrimination rules, the heart of the commission's rules. Wheeler said he instructed his staff to rewrite new rules that "fulfill" the same goals of no blocking and non-discrimination. Even though Wheeler's staff will take a stab at rewriting the rules, Wheeler said he would keep open the option of reclassifying the Internet as a telephone service "on the table." New rules of the road could be proposed as soon as late spring or early summer, an FCC official said during a press call. The public will be invited to comment on both the new rules and the option to reclassify the Internet as a telecommunications service. Wheeler also affirmed that he would hold Internet service providers to their commitment to honor the old rules as the FCC begins its work on the new ones. Comcast, for example, said it would continue to honor the rules and would extend them to its purchase of Time Warner Cable, if the deal were approved. Other ISPs, including Verizon and AT&T, have committed to following the rules.