F E D E R AL C O MMUNICATIONS C OM M ISSION 
W ASHI NGT ON 
OFFICE Of 
THE CHAIRMAN 
The Honorable Fred Upton 
Chairman 
Committee on Energy and Commerce 
U.S. House of Representatives 
2125 Rayburn House Office Building 
Washington, D.C. 20515 
Dear Chairman Upton: 
June 30, 2014 
Thank you for contacting me with your views regarding the Commission's efforts to 
reinstate rules to preserve and protect the Open Internet. As you know, the Notice of Proposed 
Rulemaking ("Notice") adopted by the Commission in May 2014 proposes rules that would 
replace those struck down early this year by the U.S. Court of Appeals for the D.C. Circuit in its 
Verizon decision, and we ask a number of questions about the appropriate legal foundation for 
such rules. Your letter touches on some of the most important issues presented in the Notice, and 
it will be included in the record of the proceeding and considered as part of the Commission's 
review. 
The Commission has been working for more than a decade to safeguard the Open 
Internet. While there has been a 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 without any rules in place to protect and promote 
Internet openness. The status quo is unacceptable. Unless and until the FCC 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. As Chairman, I will utilize the 
best tools available to me to ensure the Commission adopts effective and resilient open Internet 
rules. 
The court's decision in Verizon established unequivocally that the Commission has the 
legal authority under Section 706 of the Telecommunications Act of 1996 to craft enforceable 
rules to protect and promote an open Internet for all Americans. Specifically, the court agreed 
with the Commission's conclusion that an open Internet enables a virtuous cycle of investment 
and broadband deployment - i.e., that innovative content and services at the edge of the network 
drive consumer demand for broadband services, which drives investment in broadband 
infrastructure and deployment, which drives more innovation at the network's edges, and so on. 
The court affirmed that it is the Commission's responsibility to protect this virtuous cycle and 
that Section 706 authorizes us to do so. 
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. For this reason, the 
Page 2- The Honorable Fred Upton 
Notice used the court's legal blueprint as a starting point. Nevertheless, the Commission also is 
seriously considering the use of Title II of the Communications Act as a basis for legal authority. 
The Notice explains that both Section 706 and Title II are viable solutions to the authority issue, 
and seeks comment on the benefits of each approach, as well as the benefits of one approach 
over the other, to ensuring that the Internet remains an open platform for innovation and 
expression. Additionally, the Notice seeks comment on other proposals suggesting the 
Commission could apply both Section 706 and Title II to component parts of broadband Internet 
access services. And to your concerns about the "common carrier-ization" of broadband, the 
Notice asks about the extent to which forbearance from certain provisions of the Act or our rules 
would be justified so that the regulatory treatment of broadband providers is appropriately 
balanced. 
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 legal authority and many other 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 that will give everyone an opportunity to participate. 
Again, I appreciate your deep interest in this matter and look forward to a continued 
engagement with you as we move forward with this proceeding. 
FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
OF"F"ICE OF" 
THE CHAIRMAN 
The Honorable Greg Walden 
Chairman 
June 30, 2014 
Subcommittee on Communications and Technology 
Committee on Energy and Commerce 
U.S. House of Representatives 
2125 Rayburn House Office Building 
Washington, D.C. 20515 
Dear Chairman Walden: 
Thank you for contacting me with your views regarding the Commission's efforts to 
reinstate rules to preserve and protect the Open Internet. As you know, the Notice of Proposed 
Rulemaking ("Notice") adopted by the Commission in May 2014 proposes rules that would 
replace those struck down early this year by the U.S. Court of Appeals for the D.C. Circuit in its 
Verizon decision, and we ask a number of questions about the appropriate legal foundation for 
such rules. Your letter touches on some of the most important issues presented in the Notice, and 
it will be included in the record of the proceeding and considered as part of the Commission's 
review. 
The Commission has been working for more than a decade to safeguard the Open 
Internet. While there has been a 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 without any rules in place to protect and promote 
Internet openness. The status quo is unacceptable. Unless and until the FCC 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. As Chairman, I will utilize the 
best tools available to me to ensure the Commission adopts effective and resilient open Internet 
rules. 
The court' s decision in Verizon established unequivocally that the Commission has the 
legal authority under Section 706 of the Telecommunications Act of 1996 to craft enforceable 
rules to protect and promote an open Internet for all Americans. Specifically, the court agreed 
with the Commission's conclusion that an open Internet enables a virtuous cycle of investment 
and broadband deployment - i.e., that innovative content and services at the edge of the network 
drive consumer demand for broadband services, which drives investment in broadband 
infrastructure and deployment, which drives more innovation at the network's edges, and so on. 
The court affirmed that it is the Commission's responsibility to protect this virtuous cycle and 
that Section 706 authorizes us to do so. 
Page 2-The Honorable Greg Walden 
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. For this reason, the 
Notice used the court's legal blueprint as a starting point. Nevertheless, the Commission also is 
seriously considering the use ofTitle II of the Communications Act as a basis for legal authority. 
The Notice explains that both Section 706 and Title II are viable solutions to the authority issue, 
and seeks comment on the benefits of each approach, as well as the benefits of one approach 
over the other, to ensuring that the Internet remains an open platform for innovation and 
expression. Additionally, the Notice seeks comment on other proposals suggesting the 
Commission could apply both Section 706 and Title II to component parts of broadband Internet 
access services. And to your concerns about the "common carrier-ization" of broadband, the 
Notice asks about the extent to which forbearance from certain provisions of the Act or our rules 
would be justified so that the regulatory treatment of broadband providers is appropriately 
balanced. 
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 legal authority and many other 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 that will give everyone an opportunity to participate. 
Again, I appreciate your deep interest in this matter and look forward to a continued 
engagement with you as we move forward with this proceeding. 
Sincerely, 
Tom Wheeler 
FEDERAL C OMMUNICATIONS COMMISSION 
W ASHINGTON 
OFFICE OF 
THE CHAIRMAN 
The Honorable Marsha Blackburn 
U.S. House of Representatives 
217 Cannon House Office Building 
Washington, D.C. 20515 
Dear Congresswoman Blackburn: 
June 30, 2014 
Thank you for contacting me with your views regarding the Commission's efforts to 
reinstate rules to preserve and protect the Open Internet. As you know, the Notice of Proposed 
Rulemaking ("Notice") adopted by the Commission in May 2014 proposes rules that would 
replace those struck down early this year by the U.S. Court of Appeals for the D.C. Circuit in its 
Verizon decision, and we ask a number of questions about the appropriate legal foundation for 
such rules. Your letter touches on some of the most important issues presented in the Notice, and 
it will be included in the record of the proceeding and considered as part of the Commission's 
review. 
The Commission has been working for more than a decade to safeguard the Open 
Internet. While there has been a 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 without any rules in place to protect and promote 
Internet openness. The status quo is unacceptable. Unless and until the FCC 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. As Chairman, I will utilize the 
best tools available to me to ensure the Commission adopts effective and resilient open Internet 
rules. 
The court's decision in Verizon established unequivocally that the Commission has the 
legal authority under Section 706 of the Telecommunications Act of 1996 to craft enforceable 
rules to protect and promote an open Internet for all Americans. Specifically, the court agreed 
with the Commission's conclusion that an open Internet enables a virtuous cycle of investment 
and broadband deployment - i.e., that innovative content and services at the edge of the network 
drive consumer demand for broadband services, which drives investment in broadband 
infrastructure and deployment, which drives more innovation at the network's edges, and so on. 
The court affirmed that it is the Commission 's responsibility to protect this virtuous cycle and 
that Section 706 authorizes us to do so. 
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. For this reason, the 
Notice used the court' s legal blueprint as a starting point. Nevertheless, the Commission also is 
seriously considering the use of Title II of the Communications Act as a basis for legal authority. 
Page 2- The Honorable Marsha Blackburn 
The Notice explains that both Section 706 and Title II are viable solutions to the authority issue, 
and seeks comment on the benefits of each approach, as well as the benefits of one approach 
over the other, to ensuring that the Internet remains an open platform for innovation and 
expression. Additionally, the Notice seeks comment on other proposals suggesting the 
Commission could apply both Section 706 and Title II to component parts of broadband Internet 
access services. And to your concerns about the "common carrier-ization" of broadband, the 
Notice asks about the extent to which forbearance from certain provisions of the Act or our rules 
would be justified so that the regulatory treatment of broadband providers is appropriately 
balanced. 
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 legal authority and many other 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 that will give everyone an opportunity to participate. 
Again, I appreciate your deep interest in this matter and look forward to a continued 
engagement with you as we move forward with this proceeding. 
Sincerely, 
Tom Wheeler 
FEDERAL COMMUN ICATI ONS COMMISSION 
W ASH I NGTON 
OFFICE OF 
THE CHAIRMAN 
The Honorable Bob Latta 
U.S. House of Representatives 
2448 Rayburn House Office Building 
Washington, D.C. 20515 
Dear Congressman Latta: 
June 30,2014 
Thank you for contacting me with your views regarding the Commission's efforts to 
reinstate rules to preserve and protect the Open Internet. As you know, the Notice of Proposed 
Rule making ("Notice") adopted by the Commission in May 2014 proposes rules that would 
replace those struck down early this year by the U.S. Court of Appeals for the D.C. Circuit in its 
Verizon decision, and we ask a number of questions about the appropriate legal foundation for 
such rules. Your letter touches on some of the most important issues presented in the Notice, and 
it will be included in the record of the proceeding and considered as part of the Commission's 
review. 
The Commission has been working for more than a decade to safeguard the Open 
Internet. While there has been a 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 without any rules in place to protect and promote 
Internet openness. The status quo is unacceptable. Unless and until the FCC 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. As Chairman, I will utilize the 
best tools available to me to ensure the Commission adopts effective and resilient open Internet 
rules. 
The court's decision in Verizon established unequivocally that the Commission has the 
legal authority under Section 706 of the Telecommunications Act of 1996 to craft enforceable 
rules to protect and promote an open Internet for all Americans. Specifically, the court agreed 
with the Commission's conclusion that an open Internet enables a virtuous cycle of investment 
and broadband deployment - i.e., that innovative content and services at the edge of the network 
drive consumer demand for broadband services, which drives investment in broadband 
infrastructure and deployment, which drives more innovation at the network's edges, and so on. 
The court affirmed that it is the Commission's responsibility to protect this virtuous cycle and 
that Section 706 authorizes us to do so. 
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. For this reason, the 
Notice used the court's legal blueprint as a starting point. Nevertheless, the Commission also is 
seriously considering the use ofTitle II of the Communications Act as a basis for legal authority. 
Page 2- The Honorable Bob Latta 
The Notice explains that both Section 706 and Title II are viable solutions to the authority issue, 
and seeks comment on the benefits of each approach, as well as the benefits of one approach 
over the other, to ensuring that the Internet remains an open platform for innovation and 
expression. Additionally, the Notice seeks comment on other proposals suggesting the 
Commission could apply both Section 706 and Title II to component parts of broadband Internet 
access services. And to your concerns about the "common carrier-ization" of broadband, the 
Notice asks about the extent to which forbearance from certain provisions of the Act or our rules 
would be justified so that the regulatory treatment of broadband providers is appropriately 
balanced. 
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 legal authority and many other 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 that will give everyone an opportunity to participate. 
Again, I appreciate your deep interest in this matter and look forward to a continued 
engagement with you as we move forward with this proceeding. 
Sincerely, 
Torn Wheeler