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Putting Teeth into Net Neutrality

The FCC chairman Julius Genachowski has added two more principles to Net Neutrality. Immediately, Comcast objected. Read the speech "Preserving a Free and Open Internet: A Platform for Innovation, Opportunity, and Prosperity". It was presented at The Brookings Institution in Washington DC on September 21, 2009.As the new FCC chairman, Genachowski set the stage for the new principles by reviewing the history and goals of the Internet. He spoke of the importance of the Internet and the challenges that face the country.

The fact is that we face great challenges as a nation right now, including health care, education, energy, and public safety. While the Internet alone will not provide a complete solution to any of them, it can and must play a critical role in solving each one.

Why has the Internet proved to be such a powerful engine for creativity, innovation, and economic growth? A big part of the answer traces back to one key decision by the Internet's original architects: to make the Internet an open system.

Why has the Internet proved to be such a powerful engine for creativity, innovation, and economic growth? A big part of the answer traces back to one key decision by the Internet's original architects: to make the Internet an open system.

Several of my blogs (What's Broadband?, Is the Flat Fee Internet Dead? , Is Comcast a Phone Company?, More Data on Comcast and Cox Traffic Blocking, Net Neutrality Heats Up in the U.S. and Canada, Metering the Internet), provide insights into how the service providers are discriminating against users and looking for ways to increase their revenue.

Genachowski cited three compelling reasons that the FCC and Congress should support an open Internet:

1. There is limited competition among the few large service providers.

2. The economic incentives of the service providers depend on voice and/or cable TV revenue. Therefore the profit motives of the providers may conflict with the best interests of the consumers in choices and completion.

3. The explosion of Internet traffic and high bandwidth applications is causing the traffic to nearly double every two years.

The FCC has been operating under four principles which in my mind are necessary but not sufficient to curb the predatory practices of the Internet service providers. Genachowski summarized the four existing principles as:

Network operators cannot prevent users from accessing the lawful Internet content, applications, and services of their choice, nor can they prohibit users from attaching non-harmful devices to the network.

His new fifth and sixth principles are:

The fifth principle is one of non-discrimination--stating that broadband providers cannot discriminate against particular Internet content or applications. This means they cannot block or degrade lawful traffic over their networks, or pick winners by favoring some content or applications over others in the connection to subscribers' homes. Nor can they disfavor an Internet service just because it competes with a similar service offered by that broadband provider.

The sixth principle is a transparency principle--stating that providers of broadband Internet access must be transparent about their network management practices. Why does the FCC need to adopt this principle? The Internet evolved through open standards. It was conceived as a tool whose user manual would be free and available to all. But new network management practices and technologies challenge this original understanding.

The sixth principle is a transparency principle--stating that providers of broadband Internet access must be transparent about their network management practices. Why does the FCC need to adopt this principle? The Internet evolved through open standards. It was conceived as a tool whose user manual would be free and available to all. But new network management practices and technologies challenge this original understanding.

Another point that was expressed is that the access technology, wired or wireless, should not affect six the principles. This is especially important since so many wireless devices, smartphones and data cards, are presently used for Internet access.

This then means that the rule making process has to begin. This will entail circulating the rules as prepared by the FCC staff. A notice of rule making will be issued for public comment. You can bet that Comcast and most of the other service provides will be very visible at the FCC meetings. Watch C-Span to see their spin on the proposed rules.

Genachowski's last comments summarized his intentions:

Some have argued that the FCC should not take affirmative steps to protect the Internet's openness. Let me be clear about what this is about, and what it isn't.

The fundamental goal of what I've outlined today is preserving the openness and freedom of the Internet.

We have an obligation to ensure that the Internet is an enduring engine for U.S. economic growth and a foundation for democracy in the 21st century. We have an obligation to ensure that the Internet remains a vast landscape of innovation and opportunity. This is not about government regulation of the Internet. It's about fair rules of the road for companies that control access to the Internet. We will do as much as we need to do, and no more, to ensure that the Internet remains an unfettered platform for competition, creativity, and entrepreneurial activity.

The fundamental goal of what I've outlined today is preserving the openness and freedom of the Internet.

We have an obligation to ensure that the Internet is an enduring engine for U.S. economic growth and a foundation for democracy in the 21st century. We have an obligation to ensure that the Internet remains a vast landscape of innovation and opportunity. This is not about government regulation of the Internet. It's about fair rules of the road for companies that control access to the Internet. We will do as much as we need to do, and no more, to ensure that the Internet remains an unfettered platform for competition, creativity, and entrepreneurial activity.