FCC Already Working on Plan to Fix Net Neutrality and Save The Internet

dgstorm

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It almost sounds like the plot of some Hollywood thriller, but a new report indicates the FCC is trying to stay one step ahead of the dark forces threatening Net Neutrality. They are already working on a plan to circumvent the recent results which damaged the heart of a free an open internet.

In case you missed it, a few weeks ago we reported that Net Neutrality was dealt a potentially "lethal" blow by the combined forces of Verizon, AT&T and several other cable companies, telecoms and ISPs. On January 14th, 2014 a United States Court of Appeals Judge for the District of Columbia ruled against the FCC, and basically gave ISPs the power to oversee and control any internet content across their service. This would mean the ISPs could block/restrict/data cap/charge more for any content they wanted to, and for any reason.

This was a major blow to the FCC's power to insure a free and open internet. Luckily, the FCC was prepared for this possibility and a new report indicates they are already putting a plan in motion to bypass this ruling. Here's their idea: First, Verizon and their entourage basically exploited a loop-hole in the laws. They argued (and the judge ruled in their favor) that even though the FCC has the authority to regulate broadband networks and to impose rules, the FCC had based these specific rules on flawed legal logic. Ultimately, the court ruled that the FCC couldn't regulate broadband providers with the same rules they use for phone companies.

The way the FCC plans to bypass this is to to reclassify broadband providers in the category of "common carriers." This would place them under the same regulatory framework as traditional phone networks. This would effectively give them the authority to regulate the internet in a way to keep it open and adhere to the Net Neutrality concept. It's a clever move to be sure, but of course, it would not be without opposition. The consortium of companies would probably fight this move in the courts again, so it's not a sure bet at all. Here's a quote with a few more details,

"We can't just kick the can down the road," he said. "We have an obligation to act now with the principles that have been transmitted to us in the form of statutes, judicial and regulatory precedents, scholarship, and experience."

Exactly how [Federal Communications Commission chairman Tom] Wheeler will navigate through the legal and political obstacles to protect Net neutrality is what is still unknown. Regardless, the Democratic Senators said in their letter that they want to see something from the FCC soon.

"We urge you to quickly adopt enforceable rules to prevent the blocking and discrimination of Internet traffic," the letter states. "These rules must stand on strong legal footing to withstand judicial scrutiny. Without such rules in place, Internet service providers are prone to act as gatekeepers of the Internet, controlling access by blocking or throttling certain content and thereby limiting the opportunities for innovation, speech, and commerce."

There are many folks out there who prefer to have a low level of government intervention in the free market, and rightly so; however, in this instance, the whole point of the FCC governing these issues is actually to protect the American consumer from predatory practices of corporate entities. "Some" intervention doesn't mean "No" intervention. Light regulation is necessary to keep the free market open and available for all.

Certainly we wouldn't want Gestapo Police forces breaking into our homes for a parking ticket, but nor would we want a land with no police presence at all. Things would degenerate into anarchy and chaos as the strong and evil would prey upon those weaker. In this instance, the FCC is actually regulating to make sure that the core of the internet stays true to its intended purpose of education and information readily available to all. The whole point of the FCC regulating this issue is to make sure that undue censorship does NOT happen.

Source: CNET
 
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jspradling7

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It's a double edged sword and is dependant on the integrity of wielders. If the providers win we have to trust and hope that they never abuse the power of biased service or selective pricing. If the FCC wins we have to trust the government... lol... hahahah... bwahahahaha.. not to do the same. Seriously though, we have benchmarks on how the FCC operates so I think we can expect them to behave as they have for other services. I'll root for the FCC in this one.
 

FunN4Lo

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If you think the government has your best interest at heart, and is going to take care of you... I have some ocean front property in Arizona for sale, real cheap

[h=1]“Government is not a solution to our problem government is the problem.” ― Ronald Reagan[/h]
 

xeene

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Internet needs to be classified a utility service like electricity, gas and water.
We have the best in the world infrastructure but the worst internet services.
 

kodiak799

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And they lifted the block without any need for NN rules. VZW did something similar with tethering apps and maybe some other types of apps - believe they ended up paying like a $100M fine and restoring access/use.

So it seems to me the existing laws have worked when the [very] occasional issue pops up.

From my perspective, NN has mainly been a political issue to attack big business....."vote for me and I'll protect your from big, bad evil companies".

Meanwhile the much bigger and realer issue of mega-mergers between and across BOTH carriers and content providers that COULD, and probably should, be blocked by the FTC and FCC as anti-competitive fly largely under the radar. I'd much prefer a harder line on this issue over NN regulation.

Greater competition is better for consumers, and combined with existing laws would render NN rules mostly unnecessary.
 

me just sayin

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And they lifted the block without any need for NN rules. VZW did something similar with tethering apps and maybe some other types of apps - believe they ended up paying like a $100M fine and restoring access/use.

So it seems to me the existing laws have worked when the [very] occasional issue pops up.

From my perspective, NN has mainly been a political issue to attack big business....."vote for me and I'll protect your from big, bad evil companies".

Meanwhile the much bigger and realer issue of mega-mergers between and across BOTH carriers and content providers that COULD, and probably should, be blocked by the FTC and FCC as anti-competitive fly largely under the radar. I'd much prefer a harder line on this issue over NN regulation.

Greater competition is better for consumers, and combined with existing laws would render NN rules mostly unnecessary.

go back and reread that article, they may have lifted the block but look at all the strings they attached to it. on such string was, the customer had to drop their unlimited plan in order to use it. that is why I believe nn is necessary.
 

kodiak799

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go back and reread that article, they may have lifted the block but look at all the strings they attached to it. on such string was, the customer had to drop their unlimited plan in order to use it. that is why I believe nn is necessary.

No, the initial story was they blocked it on all plans, then only unlimited plans....They eventually allowed access on ALL plans.
 

kodiak799

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the point is, it was still blocked.

And my point was, NN didn't stop the practice, AT&T stopped the practice (because it likely violated several existing laws).

I've yet to see ONE single example that NN is supposed to fix that wasn't effectively handled by existing law. And it's not like NN magically makes any of these issues go away or go away faster - you're still going to have things debated and litigated.

I don't currently see the need for NN-specific regulation, nor that a NN world necessarily makes the internet better (you can't really fix something that isn't broken). In fact, it's possible NN might have some negative consequences for the consumer (not to mention many businesses).
 
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