“CDT President & CEO testifies before the Senate Judiciary Committee on September 17, 2014. The hearing, entitled “Why Net Neutrality Matters: Protecting Consumers and Competition Through Meaningful Open internet Rules,” comes as the Federal Communications Commission (FCC) works to restore open Internet protections and has sought public comments on the best path forward.”

“We believe that public policy must support principles that promote access, free expression, and enable more individuals to fully engage in the digital world. Many in the advocacy community believe that Title II reclassification is the only option that satisfies these principles. The support for Title II has been well documented in the majority of comments submitted, and demonstrates the public’s overwhelming interest in Internet life. Title II also provides a clear path forward for FCC action. Title II does, however, present significant hurdles, both procedurally and substantively, in adoption, implementation, forbearance, and, yes, potential litigation. Reclassifying broadband Internet access as a telecommunications service subject to Title II of the Communications Act would be the most direct and simplest course to eliminate the  specific legal obstacle that caused the court to strike down the Commission’s 2010 Open Internet rules. A reclassification action would create the durable legal basis for the Commission to craft rules in support of an open Internet. There is a strong argument that Internet access is a “telecommunications service” within the definitions of the act. However, significant portions of Title II would require forbearance, as they are a poor fit for the current Internet access marketplace. Price regulation and construction approval are just two of the myriad of provisions that even many in the advocacy community recognize might require forbearance. Still, Title II remains a significant option for the FCC to consider as it creates an environment of Internet openness.”