Wheeler, Sallet, Beyer Say Public Input is Key to Fighting Net Neutrality Repeal in Court

Public comments defending the 2015 open internet order are vital to resisting FCC Republican plans to reverse Title II broadband regulation under the Communications Act, said former Chairman Tom Wheeler, former General Counsel Jonathan Sallet and Rep. Don Beyer, D-Va., at a town hall Monday night held by the congressman in Arlington, Virginia. Recognizing the commission's GOP majority, speakers expected the fight to be decided in court. Wheeler said an "overwhelming" record would be needed to undo net neutrality. "What those who want to repeal the open internet order have the burden of proving is that, in two years, things have changed so much that you’ve got to turn 180 degrees and throw out the rules that have been working. ... That's why your comments are so crucial," he told the audience, which applauded speakers several times. Sallet agreed: "When I was general counsel, I didn’t think that what the FCC said was the last word on the matter. I knew there would be a day in court. And what people say to the FCC today in comments, in emails, about their own experiences, that can help shape what happens.” Beyer was skeptical of a legislative solution but urged people to contact lawmakers because public pressure can sometimes cause changes. In response to Public Knowledge Vice President Chris Lewis, who asked if the congressman would "commit to not support legislation that weakens the FCC as a cop on the beat even if it gives us some semblance of net neutrality," Beyer said, "Yes, absolutely." He added he wouldn't support rolling back the FCC's protections. Wheeler called net neutrality "really important" for northern Virginia, a "hot bed" for innovators. He plugged "regulatory agility" and the 2015 general conduct standard, which critics have targeted for elimination "because, 'Well, we don't know what that means in five-10 years.’ Damn right you don’t and that’s why it’s there.” Wheeler said one ISP chief executive told him he wasn't worried about what the then-chairman would do with such broad authority, but about what his successors would do. “I said to him, 'Well, it’s funny, I have the same feeling about you. I’m sure you wouldn’t do anything untoward, but what about your successors?” Wheeler called arguments the FTC could replace the FCC in protecting broadband privacy "an empty promise" because the trade commission lacks the same rulemaking authority and expertise.