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"The FCC is an agency that represents consumers. It's a

Feb. 2, 2018 by Paul Fletcher

"The FCC is an agency that represents consumers. It's a public utility that serves people," says Judge Charles H. Hamer of the US Court of Appeals for the Federal Circuit. "The facts of this case are clear. This is a case about the need for broadband broadband service and the way in which it should be treated." Hamer wrote that the FCC has the authority "to define the rights that consumers have." It should have "all the same rights as the government," he said.

Judge Johnson's comments were followed up by a "yes" vote from the FCC's broadband advocacy group, the National Cable and Telecommunications Association . The FCC's argument that it is not engaged in "net neutrality" by simply blocking the internet's content is a "no" vote from the National Cable and Telecommunications Association.

"The FCC is clearly engaged in a different conversation than the other government agencies in providing broadband broadband service or other services," Hamer wrote. "This is a situation that has been described as a lack of oversight, that is, a lack of transparency... It's time for the FCC to begin moving forward with an end to the net neutrality regulations that have resulted in a lack of certainty."

FCC Chairman Tom Wheeler and Communications Workers of America Chairman Tom Wheeler, both Democrats, have both raised the issue of "net neutrality" in the past. Wheeler defended net neutrality during the 2015 legislative session, in which the FCC allowed internet service providers to use what he called the "golden rule" to give them special access to the internet's content, such as those from major telecommunications providers. While he noted that "there is no federal net neutrality standard" that defines what is and isn't a "pending" regulation, he said "the net neutrality rules are designed to address all the possible regulation options available to us, including those of the Federal Communications Commission, the Department of Commerce, the Department of Homeland Security, and other federal agencies." (See below for more about the FCC's position .)

Wheeler added that the FCC's broadband regulations are "not based on any federal mandate, but rather the law of the land" and "are not intended to affect the free flow of broadband to consumers. Any regulation in the future that does not include a net neutrality rule ... would be a violation of that law."

Judge Johnson's comments today came just two days after the FCC filed its "notice of appeal" with the Federal Communications Commission (FCC) which seeks a preliminary injunction to stop the FCC from repealing