Federal Communications Commission
445 12th Street, S.W.
Washington, DC 20554
Re: GN Docket No. 09-191; WC Docket No. 07-52; GN Docket No. 10-127
Dear Federal Communications Commission,
On December 13, 2010, the organization Free Press, along with other groups and associations, filed two million petitions with the Commission under its ex parte rules, ostensibly concerning the above “Open Internet” dockets. Though Free Press solicited its petitions to affect the above dockets, the petitions that were filed with the Commission do not in fact reflect that. Instead, what was filed at the Commission concerns the Comcast / NBCU merger.
Putting aside the fact that the discrepancy in what was solicited and what was filed has challenged the veracity of the collected petitions, MediaFreedom.org – a market-based non-profit organization that is against onerous Net Neutrality regulations – believes the petitions filed with the FCC do not comport with the Commission’s rules for ex parte communications. As per FCC definition, ex parte communications are communications “directed to the merits or outcome of a proceeding.” The communications that were filed with the Commission are directed at MB Docket No. 10-56, not the “Open Internet” dockets. The issues in MB Docket No. 10-56 are relevant only to the factual scenario presented by the Comcast / NBCU merger review.
Consequently, MediaFreedom.org urges the Commission to strike the petitions from the record because they are not germane to the record; they are not ex parte communications for the related “Open Internet” dockets. As such, they should not be used by the Commission, in part or in whole, to base a decision for the pending “Open Internet” proceeding.