We’ve got net neutrality. Now the real work begins.

31 Mar 2015 | Author: | No comments yet »

Chairman Wheeler Predicts FCC Will Beat Legal Challenge To Net Neutrality.

Federal Communications Commission Chairman Tom Wheeler (L) and FCC Commissioner Ajit Pai visit before testifying to the House Judiciary Committee about Internet regulation in the Rayburn House Office Building on Capitol Hill March 25, 2015 in Washington, DC.

Not only the communications attorneys scrutinized the 313-page document, the cable and telecom sector has riddled Tom Wheeler’s new rules with endless lawsuits pushing the regulatory authorities to scratch the regulations. At the end of a speech given Friday, March 27, at Ohio State University’s Moritz College of Law, Wheeler told the crowd the FCC’s new rules would be upheld by the courts. That gives me great confidence going forward that we will prevail.” USTelecom and Alamo Broadband filed separate suits last week in federal court asking that the rules be set aside because the agency acted beyond its authority. In the most predictable development in the commission’s net neutrality saga so far, the Telecom Association launched a lawsuit last week to block the commission’s Open Internet regulations.

It is time for Congress to re-take responsibility for policymaking in the Internet ecosystem.” Verizon is mad about the FCC’s decision to reclassify broadband as a common carrier service and impose network neutrality restrictions that prevent Internet providers from blocking or throttling Internet content or prioritizing content in exchange for payment. Also known as the net equality principle, this highly-debated new set of rules will reclassify broadband internet access as “common carrier.” In a historic 3-2 vote, the agency on its own has decided to change the rules that would allow the government to regulate the internet like water or electricity, as guided by the Title II of the Telecommunications Act. He went on to say that “the big winners will be America’s consumers and innovators and our economy as a whole,” according to a text of the speech made available by the FCC. “We will finally have strong, enforceable rules that assure that Internet remains open now, and into the future.” Wheeler appeared before five different Congressional hearings over the past two weeks. McAdam’s letter also objected to rules that let Dish use discounts intended for small businesses to save $3.3 billion in an auction for wireless spectrum licenses. And I’m proud that the Commission has made the right choice, adopting strong, sustainable, and sensible open Internet protections.” The latter was filed in the US Court of Appeals for the District of Columbia, a court that a Reuters report noted has already rejected FCC net neutrality proposals twice.

Entitled ‘Protecting and Promoting the Open Internet,’ which will take effect 2 months after its publication in the Federal Register, FCC would not allow big corporations or highly funded services to obtain advantages over other smaller companies and their products. The DC Circuit sent the previous Open Internet Order back to us and basically said, “You’re trying to impose common carrier-like regulation without stepping up and saying, ‘these are common carriers.’” We have addressed that issue, which is the underlying issue in all of the debates we’ve had so far. McAdam said the FCC has repeatedly helped Dish boost its spectrum holdings even though the satellite provider hasn’t “announced any plans to use this spectrum to serve customers.” McAdam claimed the net neutrality decision will “spawn years of uncertainty and litigation” and that “the courts inevitably will find that the FCC’s actions were improper, or a future FCC will reverse course again.” Verizon, which sued the last time the FCC passed net neutrality rules, urged Congress to “pass a bill that protects the open Internet in a way that avoids the collateral damage that will result from the FCC’s actions.” Beyond that, it’s time to update the Communications Act, McAdam said. The best example worth noting here is the so-called ‘fastlane’ which allows services (like Netflix) to have access to faster delivery of content on the bridge between internet service providers and end-consumers.

Attend Interop Las Vegas, the leading independent technology conference and expo series designed to inspire, inform, and connect the world’s IT community. Ted Deutch, D-Fla., expressed concern that Republicans were turning the rules “into another wedge issue to attack the president.” Before that hearing, Wheeler had appeared at three other House hearings and a Senate Commerce oversight hearing in the previous two weeks. That’s “too long,” McAdam wrote. “In that time, technology and markets have gone through several cycles, while law and policy have stood still,” he wrote.

He referenced the experience in his speech, thanking officials for asking him to appear there. “It’s great to be here, and I’m not just saying that because I spent five of the previous eight weekdays testifying before Congress,” Wheeler said. But at the same time, Wheeler echoes one of his top lawyers, Gigi Sohn, who first extolled the use of Title II in the agency’s plan, among other legal tools, in an interview with TechCrunch: We like to say it’s the belt, the belt and the suspenders.

Wheeler plans to impose bidding restrictions on the next major spectrum auction to help smaller carriers like T-Mobile and Sprint boost their networks. As one of the FCC’s biggest critic Jose Marquez puts it: “The FCC’s unnecessary action is legally questionable and will result in years of litigation…” Even with all the wind of pessimism and criticism swirling about the rules, it does not imply Mr. The FCC’s proposed rules “will intentionally withhold spectrum from the very companies that are investing, creating jobs and serving customers,” McAdam wrote. “Congress should ensure that our spectrum policies are aligned with the overall economic interests of the country and are not subject to abuse to serve the interests of particular entities.” McAdam has a friendly audience at Congress, where Republicans want to rein in the FCC. It is still unclear whether the court challenges will be heard, but both filings include statements that their challenges may be premature since the rules have not yet been printed in the government’s register. Ξ The agency will have the power to ensure that ISPs do not discriminate and exploit against content companies, unlawfully and unjustly, by forming “slow lanes” on the broadband they provide.

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