On May 15, the Federal Communications Commission (FCC) held an Open Meeting to consider whether to advance a notice of proposed agency rulemaking on net neutrality. The notice was considered in light of the DC Circuit Court of Appeals’ remand of portions of the FCC’s previous 2010 Open Internet Order in January 2014 in its decision in Verizon v. FCC.

In a split 3-2 vote, that also included public outbursts and a handful of individuals being escorted out, the Commissioners yesterday advanced the notice of proposed rulemaking to public comment. Anyone can now submit a comment until July 15, 2014.

At the heart of the issue is how to ensure an open Internet – not whether there should be an open Internet, of which there is already overwhelming bipartisan and public consensus – and soliciting opinions for the best ways forward to both protect and promote an open Internet, including under what legal authority provides the best option. This action is occurring because there are no rules in place today as a result of the court ruling. However, legislation (H.R. 3982/S. 1981) is pending in Congress to restore the 2010 Order until the FCC approves new rules and there is also a distant hope that Congress might one day update the 1996 Telecommunications Act. Until then, new final rules issued by the FCC are expected possibly by the end of this year.

Americans for the Arts supports the pending legislation in Congress. You can read more in this statement developed in consensus with 85⁺ national cosponsors of Arts Advocacy Day, informing members of Congress on how the open architecture of the Internet has created unprecedented opportunities for artists, cultural organizations, and entrepreneurs. With a level playing field, organizations and individuals can reach Internet users to promote their work or to sell their creative products and services without navigating a complex system of gatekeepers. Further, even before the official public comment period, thousands sent in comments, including musicians and other creators in a letter led by the Future of Music Coalition. Artists like Eddie Vedder, Michael Stipe, Neko Case, Erin McKeown and Fugazi joined actors such as Mark Ruffalo and Evangeline Lilly in support of protecting the open Internet as a vehicle for free expression and collaboration.

Here is the FCC notice. You can also re-watch the Open Meeting, read the FCC’s 2-page fact sheet, and also read each of the Commissioner’s statements: Wheeler Statement (concur), Clyburn Statement (concur) Rosenworcel Statement (concur), Pai Statement (dissent) O'Rielly Statement (dissent).