Copps Hasn’t Decided How He'll Vote on Net Neutrality Rules
FCC Commissioner Michael Copps said Friday he had not decided how he will vote on proposed net neutrality rules at Tuesday’s commission meeting. The comments came in response to a letter sent Thursday by House Commerce Committee member Mike Rogers, R-Mich., asking commissioners to cancel the vote and for responses by noon Friday on how they planned to vote (CD Dec 17 p1).
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Commissioners are “in the midst of intense discussions” on issues related to the net neutrality proceeding, Copps wrote. “As is the case in so many matters that have come before the agency, the item is still taking shape in the week ahead of the scheduled vote,” he said. “I cannot tell you at this point precisely what the final item will look like, nor do I know what my vote will be.” Copps assured Rogers that he’s giving the issue “thorough and conscientious consideration."
FCC Chairman Julius Genachowski told Rogers, in a response sent late Friday, that he welcomed his “perspective” on the order and offered a summary of why the agency has jurisdiction, from General Counsel Austin Schlick. “I am convinced that the Commission has a sound legal basis for adopting these rules, grounded in its authority under the Communications Act,” Genachowski wrote.
Commissioner Mignon Clyburn, the other FCC Democrat, told Rogers that she’s carefully considering the arguments. “The process leading up to the introduction of this particular item has been long, and at times difficult,” she wrote. “We are still debating the issues in the Order, and I expect to continue to do so over the weekend, as no part can be taken lightly."
Commissioner Robert McDowell reminded Rogers that only the chairman can pull a vote off the agenda. “Not only is nothing broken in the broadband Internet access market that needs fixing, Congress has not given the FCC the legal authority to act even if it were necessary,” McDowell said. “In the event the Chairman decides to move forward with a vote on the Internet network management order, however, I pledge to you that I will cast a dissenting vote.”
Commissioner Meredith Baker assured Rogers that she shares his concerns. “I have been consistent in my opposition to the Chairman’s proposal,” Baker wrote. “I have urged the Chairman to put the proposed rules out for comment. And, I will not support the item as drafted."
In other developments, Sen. Kay Bailey Hutchison, R-Texas, ranking member of the Senate Commerce Committee, late Thursday filed an amendment to a spending bill that would “prohibit the FCC from using any appropriated funds to adopt, implement or otherwise litigate any network neutrality based rules, protocols or standards."
In a letter Friday to the FCC, Reps. Edward Markey, D-Mass., Doris Matsui, D-Calif., and Anna Eshoo, D-Calif., urged the commission to include “anchor institutions” under net neutrality rules. “Anchor institutions -- schools, libraries, community colleges, and other higher education institutions -- are often the only avenue for free access to the Internet to the public,” they wrote. “Anchor institutions also depend on unrestricted access to the Internet to enable academic research, educational programming, job training, and other critical services for American families, seniors and students alike.”
Meanwhile, at a meeting at the United Nations last week a delegate from Brazil called for the creation of an intergovernmental body to oversee the Internet. The proposal was welcomed by China, Saudi Arabia, South Africa and India. Delegates from the U.S., the United Kingdom, Canada and other countries expressed reservations.