Federal Communications Commission Chairman Tom Wheeler refused to make the net neutrality rules public before its approval. The request was made by Congress and the voting on the rules will be held by the end of the month.
The public will not have a hint about the rules until the approval on February 26. The FCC has the power to decide whether to make the rules public and has stated that the commission works in a similar way of Supreme court where commissioners are given three weeks to discuss, share views and edit the drafts privately. Since this was the public decision, the commission said it was a commonplace for administrative agencies.
“The FCC should be open and transparent as the internet itself and post the entire document on its website,” said commissioner Pai.
Wheeler’s two commissioners had also requested along with the Congress to make the document public. Pai stated six concerns regarding the private nature of the document and expressed his disappointment. The public has shown deep interest in knowing the rules as it was highlighted by more than four million people and the decision to keep the documents private has concerned them.
Michael O’Rielly, the other commissioner who had requested Wheeler tweeted that he was unable to talk about the document. Gigi Sohn, special counsel for external affairs mentioned the legal tangle for FCC as the Chair has not included “cable ISPs are monopolies” and “Courts give great discretion to the FCC forbearance. This indicates that FCC is treating ISPs as common carries instead of “utilities”.
The second point indicates that the court should not interfere in the actions of the FCC. It remains to be seen of the commission has taken the requests of the people into consideration while drafting rules.[ Source ]