In response to what he characterized as “misinformation” that been reported in the press concerning the draft Open Internet Notice of Proposed Rulemaking he will circulate today to the other Commissioners, FCC Chairman Tom Wheeler posted a blog addressing the specifics of his proposal.
Chairman Wheeler also emphasized that the FCC was not abandoning its earlier policies and that “[t]he allegation that it will result in anti-competitive price increases for consumers is also unfounded. That is exactly what the “commercially unreasonable” test will protect against: harm to competition and consumers stemming from abusive market activity.”
The Chairman went on to say:
“The Court of Appeals made it clear that the FCC could stop harmful conduct if it were found to not be “commercially reasonable.” Acting within the constraints of the Court’s decision, the Notice will propose rules that establish a high bar for what is “commercially reasonable.” In addition, the Notice will seek ideas on other approaches to achieve this important goal consistent with the Court’s decision. The Notice will also observe that the Commission believes it has the authority under Supreme Court precedent to identify behavior that is flatly illegal.”