When the FCC kicked-off its net neutrality proceeding in 2009, it labeled the proceeding “Preserving the Open Internet.” But to “preserve” means to “make lasting” or “maintain” rather than “change,” and that’s what many public interest advocates really want to do – change the way the Internet currently operates. For them at least, renaming “change” as “preservation” is classic doublespeak designed to disguise the real intent of net neutrality regulation. Read the rest of this entry »
Posts Tagged ‘ Net Neutrality ’
Google’s Win-Win-Win Net Neutrality Agreement with Verizon
It’s not often that a company wins the triple-crown like Google did in its recent “agreement” with Verizon regarding net neutrality. But, then again, it’s not often that the FCC is betting so publicly for a particular company’s horse as the FCC has been with Google and net neutrality. So what are the three wins for Google? Read the rest of this entry »
The FCC’s Section 332 Problem: Why the FCC Can’t Regulate Mobile Wireless Broadband as a Common Carrier Service
Rumack: Elaine, you’re a member of this crew. Can you face some unpleasant facts?
Elaine Dickinson: No.
Airplane (1980).
In 2007 (while I was Wireless Bureau Chief at the FCC), the FCC issued a declaratory ruling (“Classification Order”) classifying for the first time wireless broadband services as “information services.” Perhaps more importantly, the FCC found that “mobile wireless broadband Internet access service is not a ‘commercial mobile service’ under section 332 of the Act.” (Classification Order at para. 1). The latter finding is likely fatal to any attempt by the FCC to reclassify mobile wireless broadband service as a common carrier service subject to Title II regulation or data roaming obligations. Why is this finding so pivotal to ongoing debates at the FCC regarding the regulatory treatment of mobile wireless broadband? Read the rest of this entry »
The FCC Has Never Applied Title II to Wireless Broadband Internet Access
Hank Hultquist at AT&T and Harold Feld at Public Knowledge recently had an exchange debating the application of Title II to wireline Internet access service providers. But this discussion, while interesting from a wireline perspective, didn’t shed any light on the historical application of Title II to wireless broadband access – probably because Title II has never applied to wireless broadband Internet access – either the service itself or the underlying transport. Read the rest of this entry »
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broadband Net Neutrality
Comcast v. FCC and the net neutrality NPRM
“Where are you going?” Aunt Beru, Star Wars (1977).
I wrote in an earlier post that the FCC lacked jurisdiction to enact its proposed net neutrality rules as written. Today the D.C. Circuit issued an opinion holding that the FCC failed to justify ancillary jurisdiction “over Comcast’s network management practices.” (Comcast v. FCC, No. 08-1291 at 3 (D.C. Cir. Apr. 6, 2010).) In this post, I explain what the court did and what options remain open to the FCC in its net neutrality proceeding. Read the rest of this entry »