“Restoring Internet Freedom” Notice of Proposed Rulemaking (FCC)

The latest attempt to attack net neutrality in Congress.

Created by @pmn, 6 months, 4 weeks ago

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Summary: The Commission’s 2015 decision to subject ISPs to Title II utility-style regulations risks that innovation, serving ultimately to threaten the open Internet it purported to preserve. The Chairman of the Federal Communications Commission (FCC) has proposed a Notice of Proposed Rulemaking (NPRM) to end the utility-style regulatory approach that gives government control of the Internet and to restore the market-based policies necessary to preserve the future of Internet Freedom, and to reverse the decline in infrastructure investment, innovation, and options for consumers put into motion by the FCC in 2015. Before filing, participants should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting.
Organizations: Federal Communications Commission , Federal Trade Commission , NPRM , Clinton Administration
/technology and computing/internet technology/isps /business and industrial/business operations/business plans /law, govt and politics/government
Summary: The Commission has Legal Authority to Classify Broadband Internet Access Service Access Service . 55 C. Effects on Regulatory Structures Created by the Title II Order... 63 Participants in this proceeding should familiarize themselves with the Commission’s ex parte rules, including the general prohibition on presentations (written and oral) on matters listed on the Sunshine Agenda, which is typically released a week prior to the Commission’s meeting.
Organizations: Federal Communications Commission , Legal Authority
/law, govt and politics /law, govt and politics/law enforcement/coast guard /business and industrial/advertising and marketing/public relations
Summary: President Clinton and a Republican Congress passed the Telecommunications Act of 1996, which established the policy of the United States “to preserve the vibrant and competitive free market that presently exists for the Internet . The Internet became an ever-increasing part of the American economy, offering new and innovative changes in how we work, learn, receive medical care, and entertain ourselves.4 4 See, e.g., Aaron Smith, Pew Research Center, Searching for Work in the Digital Era at 2 (2015), http://www.pewinternet.org/files/2015/11/PI_2015-11-19-Internet-and-Job-Seeking_FINAL.pdf (detailing the importance of the Internet for job seekers); Lifeline & Link Up Reform & Modernization, Order on Reconsideration, 31 FCC Rcd 3962, 3967, para.
Citations: 47 U.S.C. 230(b)(2)
People: President Clinton , Aaron Smith
Companies: Google , Lifeline , Netflix , Facebook
/technology and computing/internet technology/isps /law, govt and politics /law, govt and politics/legal issues/legislation
Summary: By proposing to end the utility-style regulatory approach that gives government control of the Internet, we aim to restore the market-based policies necessary to preserve the future of Internet Freedom, and to reverse the decline in infrastructure investment, innovation, and options for consumers put into motion by the FCC in 2015. Our actions today continue our critical work to promote broadband deployment to rural consumers and infrastructure investment throughout our nation, to brighten the future of innovation both within networks and at their edge, and to close the digital divide. 5 Regulatory and Policy Problems Presented by the Interdependence of Computer and Communication Services, Notice of Inquiry, 7 FCC 2d 11 (1966).
People: President Clinton , Co.
Organizations: Federal Communications Commission , Interdependence of Computer and Communication Services , Congress
/law, govt and politics /law, govt and politics/government /law, govt and politics/legal issues/legislation
Summary: Ford, John F. Kerry, Spencer Abraham, and Ron Wyden—wrote the Commission that “[n]othing in the 1996 Act or its legislative history suggests that Congress intended to alter the current classification of Internet and other information services or to expand traditional telephone regulation to new and advanced services.”20 These five members further warned that if the Commission “subject[ed] some or all information service providers to telephone regulation, it seriously would chill the growth and development of advanced services to the detriment of our economic and educational well-being.”21 In the 1998 Stevens Report, the Commission comprehensively reviewed the Act’s definitions as they applied to the emerging technology of the Internet and concluded that Internet access service was properly classified as an information service.22 The Stevens Report exhaustively reviewed the text and legislative history of the Telecommunications Act, along with the agency’s own administrative precedent and the courts’ administration of antitrust law.23 Looking to the Act’s text, the Commission concluded that “Internet access providers do not offer a pure transmission path; they combine computer processing, information provision, and other computer- mediated offerings with data transport,”24 and it “recognize[d] the unique qualities of the Internet, and [did] not presume that legacy regulatory frameworks are appropriately applied to it.”25 Further, even “address[ing] the classification of Internet access service de novo” the Stevens Report reached the same 22 Federal-State Joint Board on Universal Service, Report to Congress, 13 FCC Rcd 11501, 11536, para.
People: Stevens , John Ashcroft , John F. Kerry , Spencer Abraham , William E. Kennard , Wendell Ford , Ron Wyden , Ron Wyden—wrote
Companies: Ford
Summary: In the 2002 Cable Modem Order, the Commission classified broadband Internet access 35 Michael K. Powell, Chairman, Federal Communications Commission, Preserving Internet Freedom: Guiding Principles for the Industry, Remarks at the Silicon Flatirons Symposium (Feb. 8, 2004), https://apps.fcc.gov/edocs_public/attachmatch/DOC-243556A1.pdf. 37 See Appropriate Framework for Broadband Access to the Internet Over Wireline Facilities et al., CC Docket Nos.
People: Michael K. Powell
Organizations: Federal Communications Commission , Rcd , Supreme Court
/technology and computing /technology and computing/hardware/computer networking/router /business and industrial
Summary: Internet access service over power lines was properly classified as an information service.42 This decision established “a minimal regulatory environment” which promoted “ubiquitous availability of broadband to all Americans.”43 The Commission noted that broadband-powerline-enabled Internet access service “combines computer processing, information provision, and computer interactivity with data transport, [which] enable[es] end users to run a variety of applications,”44 and concluded that classification as an information service “encourage[es] the deployment of broadband Internet access services.”45 See Service Rules For the 698-746, 747-762 and 777-792 MHz Bands, et al., WT 06-150 et al., Second Report and Order, 22 FCC Rcd. 46 See Appropriate Regulatory Treatment for Broadband Access to the Internet Over Wireless Networks, Declaratory Ruling, 22 FCC Rcd 5901, 5902, para.
Organizations: Federal Communications Commission , United Power Line Council
/technology and computing /technology and computing/software /technology and computing/hardware/computer networking/wireless technology
Summary: Circuit nonetheless upheld the transparency rule,56 claimed the Commission had authority to regulate broadband Internet access service providers under section 706 of the Telecommunications Act, and suggested that no-blocking and no-unreasonable-discrimination rules might be permissible if Internet service providers could engage in individualized bargaining.57 49 Formal Complaint of Free Press and Public Knowledge Against Comcast Corporation for Secretly Degrading Peer-to-Peer Applications; Broadband Industry Practices; Petition of Free Press et al. for Declaratory Ruling that Degrading an Internet Application Violates the FCC's Internet Policy Statement and Does Not Meet an Exception for “Reasonable Network Management,” File No. Among other things, the court held that section 706 of the 1996 Act could not serve as the source of direct authority to which the Commission’s action was ancillary because the Commission was bound in Comcast by a prior Commission determination that section 706 did not constitute a direct grant of authority.
Organizations: Federal Communications Commission , Commission , U.S. Court of Appeals
/technology and computing/networking/network monitoring and management /technology and computing/software /law, govt and politics
Summary: broadband service under Title II of the Telecommunications Act.”59 Three months later, the Commission adopted the Title II Order, reclassifying broadband Internet access services from information services to telecommunications services.60 In doing so, the Commission found it necessary to forbear from enforcing the “vast majority of rules adopted under Title II,” including “30 statutory provisions[,] and render over 700 codified rules inapplicable.”61 The Commission adopted no-blocking, no-throttling, and no-paid- prioritization rules, as well as a general Internet conduct standard and “enhancements” to the transparency rule.62 In 2016, a divided panel of the D.C. Circuit Court of Appeals upheld the Title II Order in United States Telecom Ass’n v. FCC.63 Petitioners have sought a rehearing of the case en banc.64 Section 3 of the Act defines an “information service” as “the offering of a capability for generating, acquiring, storing, transforming, processing, retrieving, utilizing, or making available information via telecommunications, and includes electronic
People: President Obama
Companies: United States Telecom , USTelecom
Organizations: Federal Communications Commission , FCC , Telecommunications Act. , D.C. Circuit Court of Appeals , Rcd , Clinton Administration
/law, govt and politics /law, govt and politics/politics/foreign policy /technology and computing/software
Summary: Whether reading a newspaper’s website or browsing the results from a search engine, a broadband Internet user is able to acquire and retrieve information online. Whether uploading filtered photographs or translating text into a foreign language, a broadband Internet user is able to transform and process information online. often used services from third parties: “[S]ubscribers, by ‘click-through’ access, may obtain many functions from companies with whom the cable operator has not even a contractual relationship.
Companies: Comcast , Netscape , Microsoft
/technology and computing/networking/vpn and remote access /style and fashion/clothing/lingerie /technology and computing/internet technology/isps
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