Net Neutrality

Today, the U.S. Court of Appeals for the D.C. Circuit heard oral arguments in Mozilla Corp.  v. FCC, the legal challenge to the Federal Communications Commission’s repeal of its 2015 Open Internet Order. The FCC’s repeal not only eliminated bright line net neutrality rules of no blocking, no throttling, and no paid prioritization but also removed the agency’s authority over broadband. Now, there is no longer a cop on the beat to oversee the practices of telecommunications and cable companies. Last August, Common Cause filed an amicus brief outlining the harms of repealing net neutrality to our democracy, civic engagement, and civil rights.

“Congratulations to Geoffrey Starks and Brendan Carr on their confirmation to the FCC. Returning the FCC to full strength with five commissioners will allow the agency to fully address the communications needs of all Americans. We are particularly pleased that Geoffrey Starks can finally take a seat at the agency. At a time when large telecom and media gatekeepers threaten to harm our democracy, we need another strong voice for protecting an open internet, ensuring all Americans have affordable access to broadband, and putting an end to out-of-control media and telecom consolidation.”

“I think the background definitely changes with a flip of the House. There is going to be more oversight, probably some attempts to draw up legislation,” said former FCC commissioner Michael Copps, now an adviser to watchdog group Common Cause.

Today, the United States Supreme Court rejected an appeal from the telecommunications industry seeking to vacate the D.C. Circuit’s 2016 decision to uphold the FCC’s 2015 net neutrality rules. The Supreme Court also declined to remove the precedential value of the D.C. Circuit’s 2016 opinion. The FCC under Chairman Ajit Pai repealed its 2015 net neutrality rules but monopoly cable and telephone companies also wanted the 2016 D.C. Circuit decision upholding the rules wiped from the record.

So-called "fake" news isn't the only issue people should be concerned about with respect to the media. Even real news has an "infotainment" quality that lends itself to a herd mentality and the corporate mergers that consolidate decision-making in distant corporate HQ that care more about profit and dividends than covering city hall or the school board.

Yesterday, Common Cause joined The Greenlining Institute, Center for Media Justice, Color of Change, 18 Million Rising, Media Alliance, and Media Mobilizing Project in filing an amicus brief urging the Court of Appeals for the DC Circuit to vacate the Federal Communications Commission’s unlawful repeal of net neutrality. The groups argued that the FCC’s net neutrality rules are critical for civic engagement, civil rights, and democracy, particularly for communities of color.