“We firmly believe that the case for new regulation of the Internet has not been made. Today’s competitive and dynamic broadband marketplace already operates according to openness principles that have broad industry consensus and serve consumers well. We support the goals and many recommendations of the National Broadband Plan. And, as we have repeatedly made clear, we are prepared to work constructively with the FCC, Congress and all policymakers to create an appropriate framework that preserves an open Internet and achieves the goals of the Broadband Plan.
“Given that context, the proposal to ‘reclassify’ broadband services is disappointing. We fully acknowledge and appreciate that Chairman Genachowski has outlined an approach designed to avoid the full regulatory impact of a Title II regime and that he has asked for comment and constructive alternatives, including inviting a continuing dialogue about solutions under Title I. We also understand the challenging jurisdictional questions before the Commission. However, any Title II approach is still fraught with legal uncertainty and practical consequences which pose real risks to our ability to provide the high-quality and innovative broadband services that our customers expect, thus undermining the very investment and innovation goals we share with Chairman Genachowski and upon which the National Broadband Plan depends.
“Nothing has occurred either in the marketplace or in broadband technology to change the fact that our broadband services are ‘information services,’ and not ‘telecommunications services’ that are regulated under a model designed for a previous era and for very different services. Thus, as part of the process outlined today by the Chairman, we will continue to make the case that the better course is to develop a solution that reflects the longstanding and bipartisan view that all components of the Internet should be subject at most to limited regulation under Title I.”