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FCC Votes Yes On Network Neutrality Rules
Don't fully cover wireless, may not be enforceable

As predicted, the FCC today voted 3-2 along party lines to enact network neutrality rules. As most leaks suggested, the FCC today proclaimed the rules are focused on requiring network management transparency (allowing consumers to know precisely what kind of broadband connection they're buying) while prohibiting outright blocking of legal websites. As leaks also suggested, the rules are weak and vague when it comes to everything else, including what specifically is determined to be "reasonable" network management. The rules, at AT&T and Verizon's request, also won't be fully applied to wireless networks according to FCC Commissioners.

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While the rhetoric from industry today will be focused on their belief that today's ruling puts the network neutrality debate to bed, the reality is that this is only just the beginning of the conversation.

The rules don't protect consumers from the kind of discriminatory pricing models carriers have long dreamed of, and if ISPs want to discriminate against content or services, they simply have to be creative and pretend that whatever discriminatory practices they're implementing are necessary for the integrity of the network.

It remains unclear whether the FCC even has the authority to implement and enforce these rules. The FCC today insisted that they have the right to promote and protect service competition over networks under Section 706 of the Telecommunications Act of 1996 -- though you're certainly going to see that tested by ISP lawyers should the FCC do absolutely anything they find even slightly distasteful. Verizon is already hinting that they may just sue the FCC anyway to erode precedent.

If you're looking for the actual rules you'll have to wait. Several Commissioners complained they only received the finalized rules at nearly midnight last night. The FCC declared today that the agency won't be releasing them today -- they'll be releasing them in a few days after the agency finishes "tweaking" them. The move is suspect, given it allows the FCC to receive praise from the media for "protecting the open Internet," but then burying the PR hit from those who actually read the rules underneath yuletide cheer. In the interim, you'll have to make due with a few days of bi-partisan bleating that may or may not be grounded in reality.

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FFH5
Premium Member
join:2002-03-03
Tavistock NJ

2 recommendations

FFH5

Premium Member

McDowell, before voting no blasted FCC leadership

Before voting no, Commissioner McDowell blasted the FCC leadership in the process of crafting these net neutrality rules:

The big one is that Genachowski didn't even make the final draft of the rules available to the Commissioners and their staffs until 10 minutes to Midnight last night. Yet he expects them to vote on these rules without the staffs even having read them yet.

The 2nd one is that the courts have already ruled that the FCC doesn't have the power to even issue these rules. Guess a lawsuit will be filed quickly by someone against these rules.

The 3rd is that the FCC still reserves the right to regulate broadband prices. Again w/o legal authority.