Last week the Wall Street Journal leaked word that instead of reclassifying ISPs as utilities under Title II as most consumer advocates would like, the FCC was pondering a "hybrid" approach to net neutrality rules. Though no firm proposal has been released, the leaks suggest such an approach would keep last mile retail broadband access classified the same, but classify the relationships between ISPs and edge providers like Netflix under common carrier rules (aka title II).
That way, FCC logic apparently goes, the FCC doesn't have to reverse a decade of decisions to deregulate ISPs and the inevitable ugly legal challenge that entails.
Consumer advocates have been split on this concept, but most oppose the idea and doubt this approach would survive legal challenge (read: a huge waste of time that brings us back full circle). Large carriers like AT&T, Verizon and Comcast, whose support or opposition generally tells you how screwed you're going to wind up being when it comes to telecom policy, have been silent on the proposal. They'll likely sue no matter what -- short of the FCC doing nothing.
The EFF today came out squarely against the hybrid approach stating that they too doubt such a "split the baby" approach would survive legal challenge.
The EFF originally opposed the FCC trying to enforce net neutrality, but changed their tune back in July, stating that over-turning the 2002 FCC decision to classify ISPs as information services -- and reclassifying them under Title with forbearance -- is the only reasonable way to protect consumers from both aggressive, anti-competitive ISPs, and FCC over-reach.
This new hybrid approach may wind up doing neither, argues the group:
quote:
Third, a hybrid approach, while seemingly limited, could actually be a vehicle for future FCC overreach. In fact, it seems to replicate exactly the kind of confused legal theories that has long made us fearful that the FCC would abuse its power. With respect to net neutrality, the FCC started out by claiming a broad “ancillary” authority to regulate the Internet – a claim that, if accepted, could have been a Trojan horse for ever-expanding regulation.
Again, nobody has seen an actual copy of the proposed rules yet, so there's a lot of speculation going on until the full proposal is released. What is clear is the FCC appears to be doing everything in its power to avoid pulling the trigger on Title II. But if the agency is going to have a protracted fight with the mega-ISPs, most consumer advocates argue, it may as well be over something that's worth it.