FCC Opens Proposed Net Neutrality Rulemaking

By Emily Feltren

The Federal Communications Commission (FCC) voted Thursday to adopt Chairman Tom Wheeler’s Notice of Proposed Rulemaking (NPRM) on net neutrality, launching a 120 day public comment period on how to protect and promote an open Internet. The 3-2 vote was cast along on party lines, with the chairman and two Democrats voting in support and the two Republican commissioners voting against.

Reports of Chairman Wheeler’s proposal raised fears in recent weeks that the principle of net neutrality, which ensures that all Internet traffic is treated equally, could be compromised. After initial press accounts about the draft NPRM, AALL became concerned that the FCC’s proposal would allow Internet companies and websites to pay for premium access to faster data connections, creating a tiered system of broadband access that critics call “pay-to-play fast lanes” and effectively ending net neutrality. At Thursday’s commission vote, though, the Chairman’s insisted that the FCC will seriously consider public input on how “to preserve and protect the Open Internet.” The Commission also said it will “seriously consider the use of Title II of the Communications Act as the basis for legal authority,” reclassifying broadband as a telecommunications service. AALL believes that this would allow the FCC to stand on firmer legal ground.

AALL strongly supports the principle of net neutrality and believes that equal access to information is a fundamental principle of the Internet. Without net neutrality, law libraries may be unable to afford the imposed fees for preferred access, and thus could not provide equal access to the online legal information their users need. We oppose any decision that would position Internet Service Providers as gatekeepers to online information.

AALL will participate in the rulemaking process. Please stay tuned for further analysis and opportunities for your participation.

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