23-11-2017, 05:59 AM
F.C.C. Plans Net Neutrality Repeal in a Victory for Telecoms
By CECILIA KANG NOV. 21, 2017
The F.C.C. is set to dismantle net neutrality rules that require internet providers to give consumers equal access to all content online.
The Federal Communications Commission released a plan on Tuesday to dismantle landmark regulations that ensure equal access to the internet, clearing the way for internet service companies to charge users more to see certain content and to curb access to some websites.
The proposal, made by the F.C.C. chairman, Ajit Pai, is a sweeping repeal of rules put in place by the Obama administration. The rules prohibit high-speed internet service providers, or I.S.P.s, from stopping or slowing down the delivery of websites. They also prevent the companies from charging customers extra fees for high-quality streaming and other services.
The announcement set off a fight over free speech and the control of the internet, pitting telecom titans like AT&T and Verizon against internet giants like Google and Amazon. The internet companies warned that rolling back the rules could make the telecom companies powerful gatekeepers to information and entertainment. The telecom companies say that the existing rules prevent them from offering customers a wider selection of services at higher and lower price points.
"Under my proposal, the federal government will stop micromanaging the internet," Mr. Pai said in a statement. "Instead, the F.C.C. would simply require internet service providers to be transparent about their practices so that consumers can buy the service plan that's best for them."
Mr. Pai, a Republican who has pursued an aggressive deregulation agenda, was widely expected to have his plan approved during a meeting on Dec. 14. The two other Republicans on the commission generally vote with Mr. Pai, giving them a majority over the two Democrats.
Telecom and internet companies are expected to lobby hard in Washington and directly to the public as they did when the current rules were adopted.
Some internet companies were expected to put up a fight to prevent the proposal from taking hold. The Internet Association, an industry group, joined a legal effort in 2015 to protect the existing rules. The agency has already received 20 million public comments, many of them in opposition of changing the rules, since Mr. Pai announced the broad outlines of his thinking early this year.
The big companies that provide internet access to phones and computers have fought for years against broadband regulations. Under the new plan, broadband providers will be able to block access, slow down or speed up service for its business partners in some cases as long as they notify customers.
"This action will return broadband in the U.S. to a regulatory regime that emphasizes private investment and innovation over lumbering government intervention," said Joan Marsh, a vice president at AT&T.
Big online companies like Google and Facebook say the repeal proposal would allow telecom companies to play favorites by charging customers for accessing some sites or by slowing speeds to others. The existing rules were written to prevent such arrangements, adopting a policy often called net neutrality.
"We are disappointed that the proposal announced today by the F.C.C. fails to maintain the strong net neutrality protections that will ensure the internet remains open for everyone," Erin Egan, a vice president at Facebook, said in a statement. "We will work with all stakeholders committed to this principle."
Small online companies believe the proposal would hurt innovation, because telecom companies could force them to pay more for the faster connections. Only the largest companies, they say, would be able to afford the expense of making sure their sites received preferred treatment. Companies like Etsy and Pinterest, for example, credit their start to the promise of free and open access on the internet.
And consumers, the online companies say, may see their costs go up if, for example, they want high-quality access to popular websites like Netflix, a company that depends on fast connections for its streaming videos. Netflix said on Tuesday that it opposed Mr. Pai's proposal.
Ajit Pai, the Federal Communications Commission chairman. Credit Eric Thayer for The New York Times The action "represents the end of net neutrality as we know it and defies the will of millions of Americans," said Michael Beckerman, chief executive of the Internet Association, a lobbying group that represents Google, Facebook, Amazon and other tech companies.
Mr. Pai said the current rules had been adopted to stop only theoretical harm. He said the rules limit consumer choice because telecom companies cannot offer different tiers of service, for example. As a result, he said, internet service companies cannot experiment with new business models that could help them compete with online businesses like Netflix, Google and Facebook.
"It's depressed investment in building and expanding broadband networks and deterred innovation," Mr. Pai said Tuesday.
Comcast, one of the country's biggest broadband companies, said it would not slow websites that contain legally permitted material.
"We do not and will not block, throttle, or discriminate against lawful content and we will be transparent with our customers about these policies," the company said.
In a call with reporters, F.C.C. officials said the blocking and slowing of some content could be seen as anticompetitive. Those practices, they said, would be policed by the Federal Trade Commission or the Justice Department.
The plan to repeal the existing rules, passed in 2015, would reverse a hallmark decision by the agency to consider broadband a public utility, as essential as phones and electricity. The earlier decision created the legal foundation for the current rules and underscored the importance of high-speed internet service. It was put in place by Tom Wheeler, an F.C.C. chairman under President Obama.
Mr. Pai, who was appointed chairman by President Trump in January, has eliminated numerous regulations during his first year.
The agency has stripped down rules governing television broadcasters, newspapers and telecom companies that were meant to protect the public interest. On Tuesday, in addition to the net neutrality rollback, Mr. Pai announced a plan to eliminate a rule limiting any corporation from controlling broadcasts that can reach more than 39 percent of American homes.
The fight over net neutrality could end up being one of his biggest and most fraught decisions. For more than a decade, the agency has struggled with how to regulate internet service, leading to extended legal battles. The rules adopted under Mr. Wheeler were upheld in 2016 by a federal appeals court in Washington.
The proposal released on Tuesday will probably make its way to court as well. And companies like Google and Facebook are expected to push the public to speak out against the plan. They coordinated a huge online protest against the possible changes in July.
Some of the lobbying could take place in Congress, even though it may change little because Republicans control both houses. Nevertheless, Democrats have vowed to try to reconstruct the strict rules adopted by the F.C.C. in 2015.
The next three weeks promise to hold intense lobbying from both sides, but that might not be the end of it. The regulation of internet providers has already swung once on a change in the Oval Office.
Quote:Net Neutrality
Network neutralitythe idea that Internet service providers (ISPs) should treat all data that travels over their networks fairly, without improper discrimination in favor of particular apps, sites or servicesis a principle that must be upheld to protect the future of our open Internet. It's a principle that's faced many threats over the years, such as ISPs forging packets to tamper with certain kinds of traffic or slowing down or even outright blocking protocols or applications.
In 2010, the Federal Communications Commission (FCC) attempted to combat these threats with a set of Open Internet rules. But its efforts were full of legal and practical holes. In 2014, after a legal challenge from Verizon, those rules were overturned, and the FCC set about drafting a new set of rules better suited to the challenge.
It was clear that the FCC was going to need some help from the Internet. And that's exactly what happened. Millions of users weighed in, demanding that the FCC finally get net neutrality right, and issue rules that made sense and would actually hold up in court. EFF alone drove hundreds of thousands of comments through our online portal DearFCC.
As a direct result of that intense public activism and scrutiny, the FCC produced rules that we could supportin part because, in addition to the bright line rules against blocking, throttling, and paid prioritization of Internet traffic, they include strict "forbearance" restrictions on what the FCC can do without holding another rulemaking.
There's no silver bullet for net neutrality. The FCC order plays a role by forbidding ISPs from meddling with traffic in certain ways. But transparency is also key: ISPs must be open about how traffic is managed over their networks in order for both users and the FCC to know when there's a problem. Local governments can also play a crucial role by supporting competitive municipal and community networks. When users can vote with their feet, service providers have a strong incentive not to act in non-neutral ways.
We want the Internet to live up to its promise, fostering innovation, creativity, and freedom. We don't want regulations that will turn ISPs into gatekeepers, making special deals with a few companies and inhibiting new competition, innovation and expression.
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"Civil disobedience is not our problem. Our problem is civil obedience! People are obedient in the face of poverty, starvation, stupidity, war, and cruelty. Our problem is that grand thieves are running the country. That's our problem!" - Howard Zinn
"If there is no struggle there is no progress. Power concedes nothing without a demand. It never did and never will" - Frederick Douglass
"Civil disobedience is not our problem. Our problem is civil obedience! People are obedient in the face of poverty, starvation, stupidity, war, and cruelty. Our problem is that grand thieves are running the country. That's our problem!" - Howard Zinn
"If there is no struggle there is no progress. Power concedes nothing without a demand. It never did and never will" - Frederick Douglass