Advocates Oppose Entrepreneur's Request To Stay Net Neutrality Rules

Advocacy groups are urging the Federal Communications Commission to reject entrepreneur Daniel Berninger's request to stay the new net neutrality rules.

Berninger, a Voice over Internet Protocol pioneer, said in a recent petition that the FCC's new prohibition on paid fast lanes will harm his ability to implement new HD voice services.

But net neutrality advocates say in papers filed on Tuesday that Berninger didn't present the FCC with enough evidence of tangible harm to justify his request for a stay.

“Only a showing of imminent, concrete, irreparable harms could support the extraordinary remedy of a stay,” Public Knowledge, Free Press and the Open Technology Institute at New America argue in papers opposing Berninger's request.

The FCC's open Internet order, slated to take effect on June 12, prohibits broadband providers from blocking or degrading traffic and from paid prioritization deals, which involve charging higher fees for faster delivery. The order also reclassifies broadband as a “telecommunications” service -- meaning that it's subject to some common carrier rules.

Berninger said in his request for a stay that HD voice services require network operators to prioritize traffic “because latency, jitter, and packet loss in the transmission of a communications threaten voice quality and destroy the value proposition of an HD service.”

The advocacy groups describe Berninger's claims about harm as “speculative,” adding that none of the carriers or trade groups opposing the net neutrality rules have sought to stay the prohibition against paid fast lanes. AT&T, CenturyLink and trade groups representing carriers are appealing the net neutrality order, but are only seeking to stay the portion of the order that reclassifies broadband access as a utility service.

Public Knowledge, Free Press and the Open Technology Institute also argue that staying the net neutrality order will harm the public by allowing broadband providers to violate neutrality principles. “An open Internet is crucial to the public's freedom of expression, educational opportunities, and ability to engage in civic participation,” the organizations write.

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