FCC official says Google, Facebook had little say on net neutrality

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The FCC’s landmark decision on net neutrality has produced all sorts of speculation about the degree to which well-known tech giants shaped the outcome.

Gawker, for instance, claimed that Americans can thank a benevolent Facebook-Google cabal for the open internet rules that were passed last Thursday. The Wall Street Journal, on the other hand, has suggested instead that Google has been conspiring behind the scenes to weaken the rules. So what’s the real story?

“The fact of the matter is that Google and Facebook sat this one out … I don’t what this person is smoking” said FCC lawyer Gigi Sohn in reference to the Gawker story.

Sohn was speaking Tuesday at a Freedom to Connect event in New York City, where journalist Sam Gustin of Vice asked her about the ruling and what comes next. The 3-2 ruling, which reclassified ISP’s as common carriers, came as a surprise to many given that FCC Chairman Tom Wheeler was once skeptical to the measure and because of fierce opposition from the telecom industry.

According to Sohn, Wheeler’s ultimate decision did not come about as a result of pressure from corporations or the White House. Instead, she said Wheeler (who is not a lawyer) came to reassess the situation after learning about various legal nuances, and in response to a series of external developments, including a time last spring when his Netflix service started sputtering.

Sohn did, however, credit the White House and members of Capitol Hill for providing “covering fire” as it became clear that Wheeler’s office intended to go forward with reclassification. She added that the FCC’s final decision did not come about as a result of any single factor (including comedian John Oliver), but rather from broad public support.

As for corporate influence, Sohn appeared on Tuesday to chastise the tech industry for not lending more public support to net neutrality, though she did credit Google for providing a small boost late in the process.

“Google to its credit said Title II [the reclassification law] wouldn’t hurt its investment in Fiber… Facebook has said nothing,” Sohn said.

Ultimately, the guessing game over the tech industry’s role in the net neutrality debate may remain just that — a guess. While it seems probable that an 11th hour call by Google persuaded Wheeler to back away from a two-step reclassification for interconnection (the so-called “middle-mile” where ISP’s and websites connect), for now there’s little to support any grander theories.

In the meantime, there will be plenty more for internet policy types to chew on while they wait for the official copy of the final decision to emerge in the next week or two.

Sohn predicted that “people will try to grind the FCC to a standstill” through budget threats and partisan hearings in the coming months. She added, though, that the issue may become less partisan since many groups who ordinarily support Republicans, who are the main antagonists of the new rules, are in favor of net neutrality.

Finally, as Sohn spoke, her boss Chairman Wheeler was wrapping up an appearance at the World Mobile Conference in Barcelona, where he told the audience that phone carriers’ massive recent spectrum purchases belied the idea that the new rules would dissuade companies from investing in the internet.

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Richard Bennett

Netflix, Cogent, and the boutique venture capitalists who funded Tumblr, Etsy, and some other not-really-household-names were the main corporate interests behind the latest version FCC Internet regulations, of course. Anyone who followed the issue is clearly aware this was the case. Netflix alone gave more than $1 million to the Obama campaign in 2014.

mike

“[Sohn] said Wheeler … came to reassess the situation … in response to … a time last spring when his Netflix service started sputtering.”

If Wheeler was on Comcast when this happened, then the irony is just. Regardless, it’s still a little bit of awesome.

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