• Southern Company Services, Inc.’s Petition for Clarification or Reconsideration of the FCC’s Open Internet Rules asking the FCC to address the treatment of “specialized services” has created an industry fight over how smart grid services might be treated under the FCC’s Open Internet Rules. Public Knowledge opposed the Petition because the FCC should evaluate future services on an individualized, case-by-case basis, not in response to a Petition with no new facts and only a broad description of new services. In response, Southern Company stated that Public Knowledge’s opposition showed that there was significant confusion about specialized services and that clarification was necessary. In addition, both the Utilities Telecom Council (“UTC”) and the United State Telecom Association (“USTA”) replied to Public Knowledge’s opposition. UTC argued that clarification because “utilities need regulatory certainty that specialized services that they use for smart grid and other mission critical applications are reliable and that they will not be subject to network traffic delays that could result if the specialized services are subject to the Commission’s Open Internet rules.” USTA argued that the Petition did not need to be granted because it was already clear that the Open Internet rules did not apply to smart grid services.

Southern’s Petition has also affected the ongoing appeal of the Open Internet rules at the U.S. Court of Appeals for D.C. Circuit. The FCC has asked the appellate court to hold the appeal in abeyance for a reasonable period of time, such as six months, to allow the FCC to consider Southern’s Petition. According to the FCC, the resolution of Southern’s Petition could be material to the issues currently before the appellate court, including whether the Open Internet rules are too strict or too permissive, and the burdens on free speech of the Open Internet rules under the First Amendment. The appellate court has not yet acted on the FCC’s motion for abeyance at this time.

Southern’s Petition is available here. Public Knowledge’s Opposition is available here.

Southern’s Reply is available here. UTC’s Reply is available here. USTA’s Reply is available here.