FEDERAL COMMUNICATIONS COMMISSION 
W ASHINGTON 
OFFICE OF 
THE CHAIRMAN 
The Honorable Charles Schumer 
United States Senate 
322 Hart Senate Office Building 
Washington, D.C. 20510 
Dear Senator Schumer: 
June 30,2014 
Thank you for writing to express your concerns regarding the need to reinstate rules to 
preserve an open Internet for all Americans. I share your sense of urgency on this matter. For 
this reason, I moved with dispatch to initiate a proceeding to consider new open Internet rules to 
replace those that were vacated by the D.C. Circuit Court of Appeals in the Verizon case. As you 
know, the Notice of Proposed Rulemaking ("Notice") adopted by the Commission in May 2014 
begins that process. Therein, we ask a number of questions about the rules we need to adopt, as 
well as the appropriate legal foundation for such rules. Your letter touches on some of the most 
important issues presented in the Notice, and I will ensure that it is included in the record of the 
proceeding and considered as part of the Commission's review. 
The Commission has struggled for over a decade with how best to protect and promote an 
open Internet. While there has been bipartisan consensus, starting under the Bush 
Administration with Chairman Powell, on the importance of an open Internet to economic 
growth, investment, and innovation, we find ourselves today faced with the worst case scenario: 
we have no Open Internet rules in place to stop broadband providers from limiting Internet 
openness. The status quo is unacceptable. The Commission has already found, and the court has 
agreed, that broadband providers have economic incentives and technological tools to engage in 
behavior that can limit Internet openness and harm consumers and competition. As such, the 
Commission must craft meaningful rules to protect the open Internet, and it must do so promptly. 
I can assure you that I will utilize the best tools available to me to ensure the Commission adopts 
effective and resilient open Internet rules. Unless and until the Commission adopts new rules, 
broadband providers will be free to block, degrade, or otherwise disadvantage innovative 
services on the Internet without threat of sanction by the FCC. 
With respect to the legal foundation of the rules, I believe that the Section 706 framework 
set forth by the court provides us with the tools we need to adopt and implement robust and 
enforceable Open Internet rules. Nevertheless, as you specifically urge in your letter, the 
Commission is also seriously considering moving forward to adopt rules using Title II ofthe 
Communications Act as the foundation for our legal authority. The Notice asks specific 
questions about Title II, including whether the Commission should 1) revisit its classification of 
Broadband Internet Access as an information service; or 2) separately identify and classify as a 
telecommunications service a service that "broadband providers ... furnish to edge providers," 
as proposed by Mozilla in a May 5 Petition filed with the agency. The Notice seeks comment on 
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the benefits of both Section 706 and Title II, including the benefits of one approach over the 
other, to ensure the Internet remains an open platform for innovation and expression. 
With respect to the substance of the rules, the proposals and questions in the Notice are 
designed to elicit a record that will give us a foundation to adopt strong, enforceable rules to 
protect the open Internet and prevent broadband providers from harming consumers or 
competition. I am especially sensitive to your concerns about paid prioritization arrangements, 
and the potential such arrangements have for creating an Internet that is fast for a few, and slow 
for everyone else. Let me be crystal clear: there must only be one Internet. It must be fast, 
robust and open for everyone. The Notice addresses this issue head-on, even asking if paid 
prioritization should be banned outright. It also proposes clear rules of the road and aggressive 
enforcement to prevent unfair treatment of consumers, edge providers and innovators. Small 
companies and startups must be able to reach consumers with their innovative products and 
services, and they must be protected against harmful conduct by broadband providers. 
The Notice includes a number of proposals designed to empower consumers and small 
businesses who may find themselves subject to harmful behavior by a broadband provider. For 
example, the Court of Appeals did uphold our existing transparency rule, and the Notice 
proposes to strengthen that rule to require that networks disclose any practices that could change 
a consumer's or a content provider's relationship with the network. The Notice proposes the 
creation of an ombudsperson to serve as a watchdog and advocate for start-ups, small businesses 
and consumers. And the Notice seeks comment on how to ensure that all parties, and especially 
small businesses and start-ups, have effective access to the Commission's dispute resolution and 
enforcement processes. 
This Notice is the first step in the process, and I look forward to comments from all 
interested stakeholders, including members of the general public, as we develop a fulsome record 
on the many questions raised in the Notice. To that end, in an effort to maximize public 
participation in this proceeding, we have established an Open Internet email address ­
openinternet@fcc.gov - to ensure that Americans who may not otherwise have the opportunity 
to participate in an FCC proceeding can make their voices heard. In addition, to ensure sufficient 
opportunity for broad public comment, we have provided a lengthy comment and reply period 
through September 10, 2014, that will allow everyone an opportunity to participate. 
Again, I appreciate your deep interest in this matter and look forward to continued 
engagement with you as the proceeding moves forward . 
Sincerely, 
Tom Wheeler