Additional Filing on Legal Authority for Mobile Net Neutrality

article | December 11, 2014

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Re: Notice of Oral Ex Parte Presentation

Protecting and Promoting the Open Internet, GN Docket Nos. 14-28, 10-127

Dear Ms. Dortch:

On December 9, 2014 Harold Feld of Public Knowledge (PK), Michael Calabrese of the New America Foundation’s Open Technology Institute (OTI), and Erik Stallman of the Center for Democracy & Technology (CDT) met, concerning the above-referenced proceeding, with Stephanie Weiner of the Office of General Counsel, along with Roger Sherman, Jim Schlichting, Joel Taubenblatt, Jennifer Salhus, Dan Ball, Michael Janson and Peter Trachtenberg of the Wireless Telecommunications Bureau. The public interest advocates discussed several issues related to the Commission’s clear legal authority to adopt a common regulatory framework for network neutrality that reclassifies both fixed and mobile broadband Internet access services as telecommunications under Title II and in harmony with the Section 332 prohibition against treating “private mobile radio services” as common carriers. The advocates stated that whether the Commission decides to update its own20-year-old definitions to reflect current realities, or to determine that mobile broadband is now the “functional equivalent” of a CMRS – or both – each path reinforces the other and both findings would be justified and long overdue.

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