FCC files net neutrality rules, sets stage for legal fight

July 8, 2011 By Geoff Duncan

The FCC has sent its new net neutrality regulations to the Office of Management and Budget - meaning the legal fight is about to get serious.

The Federal Communications Commission has registered its new net neutrality regulations with the Department of Management and Budget, bringing the regulations one step close to being official. The OMB will make the regulations available for comment for 30 days and, if after the 30 day period the OMB issues an approval, the FCC’s net neutrality framework will go into effect 60 days later.

The FCC’s latest attempt to regulate network neutrality comes in the wake of its Internet freedom principles, first articulated in 2005, were eviscerated in court by Comcast in the wake of its having been found to be interfering with P2p networking traffic. Comcast didn’t attack the principles themselves, but rather the FCC’s authority to mandate network neutrality, since that power had never been explicitly granted to the agency by Congress. Years of debate followed, with the FCC eventually giving up on working with Internet and mobile stakeholders and opting to forge its own path based on what the agency believes is sound legal footing.

The FCC’s new regulations enable Internet access providers to largely regulate their networks in any way they see fit, so long as they do so with disclosure and transparency so customers can make informed decision about service. However, the regulations also protect consumers’ ability to use any “lawful” device they want on the Internet, as well as to send and receive any lawful traffic, whilst barring “unreasonable” traffic discrimination on the part of ISPs.

The regulations also enables ISPs to create broadband networks separate from the public Internet that would not be subject to neutrality regulation, and offers mobile operators significant flexibility in how they manage their networks while enshrining a basic no-blocking rule for mobile broadband. The FCC promises to keep a close eye on mobile broadband and enact additional regulation if necessary.

Although the regulations are not yet official, they were immediately challenged by telecom operator Verizon, who argues the FCC still lacks the authority to mandate net neutrality practices. Verizon’s prompt action very likely sets the stage for a significant industry challenge to net neutrality regulation. Comcast has characterized network neutrality as an “engineering” issue, rather than a policy problem, and argues the industry will do a better job self-regulating access rather than being burdened by government regulation.

Showing 6 comments

Nancy Wilkens at 5:54am 13th July 2011 Why has this not been discussed with the IEEE? Did the FCC even call to ask an Engineer from the IEEE prior to making a Law? As for the companies, yeah, we know that you would put your customers through first on your lines. But don't you remember the breakup of AT&T? Are you really sorry that that happened? Now there are many phone choices, and competition exists, and I like to believe that prices are better as a result of the AT&T breakup. At least AT&T has remained competitive. They still exist, and they were forced to share lines with other companies. Can it really be that bad? Is the FCC's rule forcing you to go out of business? I can't answer that question. Again, I'd like to see the FCC, the companies involved, and some engineers from the IEEE sit down and discuss this issue.
Nancy Wilkens at 5:46am 13th July 2011 Let the government hire an engineer to be sure it understands all company issues, prior to making any rules. This engineer could sign a confidentiality agreement with all companies, not to reveal secrets to competitors. Rather than fight with lawyers, can't you hold a conference, and try to work it out there among company engineers? Company owners, I know, would want to be present, but isn't a conference better than a lawsuit? Can't you do that first? I understand the need to assign bandwidth, but restricting the use of such bandwidth could interfere with the free market system. New technologies happen, changing how a bandwidth can be used, and these technology changes happen faster than an FCC can hand out a new device approval (For those who don't know, Approval of an FCC new device can take up to 6 months, assuming you filed the paperwork correctly). I like the idea of a conference. You can't work issues out in a courtroom easily.
Damon Schmitt at 11:40pm 8th July 2011 Well this is fun. Both parties directly involved in the negotiations want their own distorted and perverted version of service that still totally neglect the concept of communication as a basic human Right.
Dan Gaul at 11:58am 8th July 2011 I don't like "enable Internet access providers to largely regulate their networks in any way they see fit". Even though there is a condition, it just means they'll work their way around that condition to do what they want. :(
PeepingTom at 11:06am 8th July 2011 " Comcast has characterized network neutrality as an “engineering” issue, rather than a policy problem..." Read as: Comcast will engineer their Packetshaper in such a way that any traffic they deem unnecessary will get low priority throughput, where unnecessary=traffic outside to competing networks e.g. Hulu, Netflix, etc.
1. Ian Bell at 11:25am 8th July 2011 Agreed. Comcast is simply throttling bandwidth to maintain profit, they need to figure out other ways to generate revenue other than fooling their customers into thinking they are buying a good product. Their HD service is terrible. While they might have more channels than Verizon, they are compressing the video quality so much that is barely qualifies as HD in the first place.