Today, Public Knowledge and other consumer groups and companies filed an Opposition to the Motion to Stay the Federal Communications Commission’s net neutrality Order in the DC Circuit. A stay would force the FCC to delay implementing its landmark Open Internet Order, which reclassifies broadband Internet access service under Title II of the Communications Act. A stay would prevent the net neutrality rules from taking effect, denying customers the guarantee of an Open Internet while causing uncertainty for companies and consumers alike.
The following can be attributed to John Bergmayer, Senior Staff Attorney at Public Knowledge:
“The carriers have asked the DC Circuit to set aside the FCC's Open Internet Order before the FCC even has a chance to defend it. Together with other intervenors in this case, we have explained to the Court why there is no merit in the carriers’ arguments, and why it must deny their request.
“For the rules to be stayed, the carriers must meet an exacting legal standard. They have failed to do so. First, the DC Circuit is likely to uphold the FCC's rules, as the FCC has followed the guidance the DC Circuit gave it the last time Open Internet rules were before the court. Second, the ‘harms’ the carriers point to are largely imaginary, or nothing more than complaints about being prevented from doing things the rules are supposed to prevent them from doing; e.g., giving preferential treatment to some online content, or harvesting Internet usage data for marketing purposes. Finally, granting a stay of the rules would cause real harm to Internet users, organizations, and businesses of all kinds, and would be contrary to the public interest.
“Whatever the Court decides as to the carriers’ preliminary request for a stay, however, we are confident it will ultimately find that the FCC acted lawfully by protecting consumers with strong Open Internet rules grounded in Title II of the Communications Act.”
You may view our Opposition to the Motion for Stay here.
Members of the media may contact Communications Director Shiva Stella with inquiries, interview requests, or to join the Public Knowledge press list at firstname.lastname@example.org or 405-249-9435.