....... ________ _ JUDICIARY COMMITTEE SUBCOMMITTEES RANKING MEMBER COURTS, INTELLECTUAL PROPERTY AND THE INTERNlT CONSTITUTION AND CIVIL JUSTICE TRANSPORTATION AND INFRASTRUCTURE COMMITTEE SUBCOMMITIEES: HIGHWAYS AND TRANSIT RAILROADS, PIPELINES AND HAZARDOUS MATERIALS ASSISTANT WHIP May 15,2014 Received & Inspected MAl I d LUlt FCC Mail Room C!Congre!i!i of tbe Wntteb ~tate!i ~ou£ir of l\rprc£irntatti.Jr£i mrulbington, 1!9({ 20515 The Honorable Thomas Wheeler Chairman Federal Communications Commission 445 12th Street, SW Washington, DC 20554 Dear Chairman Wheeler, JERROLD NADLER 10TH DISTRICT, NEW YORK REPLY TO: ,--, WASHINGTON OFFICE: 2110 RAYBURN HOUSE OFFICE BUILDING WASHINGTON, DC 20515 (202) 225-5635 I ' DISTRICT OFFICE: 201 VARICK STREET SUITE 669 NEW YORK, NY 10014 (212) 367-7350 '-~ DISTRICT OFFICE: 6605 FT. HAMIL TON PARKWAY BROOKLYN, NY 11219 (718) 373-3198 Web: http://nadler.house.gov I urge you to lead the Federal Communications Commission (FCC) efforts to maintain net neutrality by reclassifying broadband providers as common carriers. Unfortunately, the proposed rule that passed the FCC today will undermine the principles of net neutrality and the open internet. We must not allow for a pay-to-play internet where one company can refuse to allow fast access to another company unless they pay a premium. This type of online discrimination is unacceptable, will lead to anti­ competitive behavior, and will stifle innovation. What ifVerizon decided to block access to You Tube? What if a cable company decided to throttle a competing service that attempted to provide video services over the internet? What if a smaller competitor with a great idea cannot afford to pay an additional fee for access to the internet's fast lane? Again, innovation would suffer and ultimately consumers would be harmed. Everyone deserves equal access at equal speeds - no blocking and no discrimination ought to be tolerated. You have said that you do not want to allow the creation of fast and slow lanes on the internet, but I am afraid your proposal will do just that. As you know, the January court ruling made clear that the FCC could reverse its 2002 decision and move to reclassify broadband providers as common carriers. This would allow the FCC to enforce stronger rules to ensure an open and free internet that would best serve the needs of consumers. Again, I urge you to lead the FCC in reclassifying broadband providers as common carriers without delay in order to ensure that everyone has equal access to the internet. Thank you. Sincerely, errold Nadler Member of Congress CC: Mignon Clyburn, Commissioner, Federal Communications Commission Jessica Rosenworcel, Commissioner, Federal Communications Commission Ajit Pai, Commissioner, Federal Communications Commission Michael O'Reilly, Commissioner, Federal Communications Commission