How the FCC Can Preserve the Open Internet & Net Neutrality Through Title II Reclassification

34 Pages Posted: 16 Jan 2015

See all articles by Arthur H. Neill

Arthur H. Neill

New Media Rights; California Western School of Law

Date Written: July 16, 2014


The case for reclassifying broadband internet access under Title II, and adopting rules that protect the Open Internet and ensure net neutrality.

Introduction & Background: The recent 2014 Notice of Proposed Rulemaking regarding Net Neutrality represents an opportunity for the Federal Communications Commission to choose a communications future of innovation, creative exchange, and consumer choice, rather than one where powerful companies can alter the Internet to support entrenched business models. The Commission was certainly correct when it stated that the Internet is “America’s most important platform for economic growth, innovation, competition, free expression, and broadband investment and deployment.” As a non-profit organization focused on providing free and low-cost legal assistance to independent creators, internet users, and start-up entrepreneurs (such as musicians, artists, filmmakers, mobile app developers, and more), New Media Rights (“NMR”) is reminded daily of the innumerable benefits the Internet can provide to American innovators, creators, and consumers. As the Commission suggests, these benefits largely flow from the open architecture of the Internet and its low barriers to entry. However, in recent years this openness has been challenged by fixed and mobile broadband internet access providers. We stand at a fork in the road, and if the Commission cannot implement strong, certain, and legally defensible rules to maintain the basic tenants of Net Neutrality (Transparency, No Blocking, No Discrimination), the trend away from an Open Internet is likely to continue to the detriment of not only American consumers and innovators, but American society as a whole.

Suggested Citation

Neill, Arthur H., How the FCC Can Preserve the Open Internet & Net Neutrality Through Title II Reclassification (July 16, 2014). Available at SSRN: or

Arthur H. Neill (Contact Author)

New Media Rights ( email )

1855 1st Ave., Suite 102
San Diego, CA 92101
United States


California Western School of Law ( email )

225 Cedar Street
San Diego, CA 92101
United States


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