FCC 2010 network neutrality rules

FCC 互聯網政策 : 近年議題 FCC Internet Policies - current issues 在融合媒體年代, 如何規管 ? 包括如何歸類一些新服務 ? 要不要規管這些新服務 ? Regulatory problem in the age of convergence - difficult to classify services -whether to regulate a) Internet telephony (VOIP) b) Webcasting (IPTV) 如何促進互聯網的使用 ? 包括促進 寬帶使用, 縮小數字鴻溝 How to resolve problems of access a) Promote broadband access b) Bridge digital divide

ISP: 對待新產品和科技 ? 在美國, 只有少數 ISP  投資、建設和擁有傳輸網絡 有些 ISP 想將服務分為兩等 two-tier Internet service :  普通等 ordinary Internet services get one level of performance and  優先等 ( 自家品牌 ) preferred sites or services, presumably including the ISPs’ own services, get better performance 堵塞 / 阻礙用戶  使用新產品和科技, 或希望他們多交費用 用各式各樣方法, 令競爭者不能發展新科技  傳統電話 versus 網絡電話  傳統電視 versus 網絡電視

FCC 2005 年政策聲明 FCC: 2005 Internet policy statement 促進寬帶使用, 確保互聯網的公開和互聯特性, 以達致 :  消費者能如願取得合法的網上資訊  消費者能如願使用網上程式和服務 …  消費者能如願接駁合法的設置 …  消費者能享有一個存在競爭的市場 ( 即能從網絡供應商, 設備和服務供應商, 內容供應商的競爭中得到好處 ) To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to access the lawful Internet content of their choice.

FCC 2005 年政策聲明 FCC: 2005 Internet policy statement To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to connect their choice of legal devices that do not harm the network. To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to competition among network providers, application and service providers, and content providers.

FCC 製定網絡中立規則 FCC Order to preserve an open Internet 2010 年採取進一步行動, 12 月 22 投票通過網絡中立的規則  Dec. 22, FCC in 3-2 voted to preserve the Internet as an open network  enabling consumer choice, freedom of expression, user control, competition and the freedom to innovate The Order builds  on the 2005 Internet Policy Statement FCC 認為它有權製定有關規則  FCC is of the view that broadband Internet access services are clearly within the Commission’s jurisdiction.

FCC 2010 規則 : 意義 ? 2010 Order: significance? 為確保互聯網是自由和開放的  有必要規管寬帶網絡如何管理和營運 Future of the Internet:  free and open? To ensure that  need to regulate how broadband networks are managed and operated?

FCC 2010 規則 : 意義 ? 2010 Order: significance? 美國總統奧巴馬說 :  Today's decision will help preserve the free and open nature of the Internet while encouraging innovation, protecting consumer choice, and defending free speech. 實際作用 ?  Facebook updates, Google searches, Skype calls reach consumers' homes unimpeded

FCC 2010 Order Rule 1: Transparency 要確保透明 A person engaged in the provision of broadband Internet access service shall publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.

2010 FCC Order Rule 2: No Blocking 不准堵塞 A person engaged in the provision of fixed broadband Internet access service, insofar as such person is so engaged, shall not block lawful content, applications, services, or non-harmful devices, subject to reasonable network management. A person engaged in the provision of mobile broadband Internet access service, insofar as such person is so engaged, shall not block consumers from accessing lawful websites, subject to reasonable network management; nor shall such person block applications that compete with the provider’s voice or video telephony services, subject to reasonable network

2010 FCC Order Rule 3: No Unreasonable Discrimination 不容許不合理的 差別對待 A person engaged in the provision of fixed broadband Internet access service, insofar as such person is so engaged, shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service. Reasonable network management shall not constitute unreasonable discrimination.

2010 FCC Order Further aspects Pay for Priority Unlikely to Satisfy “No Unreasonable Discrimination” Rule Measured Steps for Mobile Broadband Specialized Services

Rules (explained and reported) The first rule  requires both wireless and wireline providers to be transparent in how they manage and operate their networks. The second rule  prohibits the blocking of traffic on the Internet. The rule applies to both fixed wireline broadband network operators as well as to wireless providers. But the stipulations for each type of network are slightly different. The last rule  applies only to fixed broadband providers  It prohibits fixed wireline broadband providers from unreasonably discriminating against traffic on their network.

Rules (explained and reported) 2010 的規則, 可分成兩套 :  固網管得較嚴, 移動較鬆 The new Net neutrality rules create two classes of service subject to different rules:  one that applies to fixed broadband networks  one for wireless networks The FCC says this is necessary because wireless networks are technologically different from fixed broadband networks

Regulating the Internet so to keep it open? 用不用製定 2010 規則 ?  分歧很大 Two opposite camps  Regulatory measures (bureaucratic oversight) versus market forces and technological advances

News rules: not far enough? Democrats argued  the FCC should still consider reclassifying broadband traffic to ensure it has the authority to enforce new rules. Net neutrality supporters  say the regulation doesn't go far enough  CC sided too heavily with big phone companies and cable operators in drafting the new rules  rules do not provide enough protection for consumers.

News rules: not far enough? The proposal falls short of what some consumer advocates had sought would prevent wireless carriers from blocking competing voice services on smartphones But it would allow them to charge more for other types of Internet applications, such as video or social networking services

News rules: not far enough? real impact on Internet video? unclear whether a company such as Comcast could in effect give its video-on-demand service priority over competitors such as Netflix, YouTube and Amazon by charging them more to transmit high volumes of data

Feedbacks from ISPs "Based on today's announcement, the FCC appears to assert broad authority for sweeping new regulation of broadband wireline and wireless networks and the Internet itself," said Tom Tauke, Verizon's executive vice president of public policy.

Arguing against regulation Power of the FCC  inappropriate for unelected FCC officials to make rules…without explicit direction from the Congress The technology factor  The Internet remains a very new technology and economy. We are at the beginning of a period of dramatic technological change.  FCC may inhibit the ability of networks to freely innovate and experiment, to seek out the differentiation that breeds opportunity and consumer choice  Risk of government censure will unmistakably chill new developments

Arguing against regulation McDowell  Net neutrality rules unnecessary. The FCC bypasses branches of our government in the dogged pursuit of needless and harmful regulation 1. Nothing is broken with the current system. 2. The FCC doesn't have the legal authority to enforces these rules. 3. The rules will cause harm to the economy by stifling investment. 4. Existing laws and government structures provide ample consumer protections in the event of systemic market failure.

New rules: problematic? net-neutrality rules  widely expected to face a court test and  could be challenged on Capitol Hill by the Republicans who will assume control of the House in January

Oppositions from Republican politicians 共和黨議員 : 會盡一切努力推翻有關規則  We are going to be exploring every option to reverse this order. 打算舉行聽證會, 質詢 FCC 主席有關規則是否越權  Two republicans said they would summon Genachowski for hearings on whether the agency has authority to pursue such rules. 打算立法推翻有關規則  Two others said that that legislation would be introduced to overturn the regulations. 打算提出議案削減 FCC 經費, 令它無法實施有關規則 Another republican said she will move to withdraw funds appropriated to the FCC to execute the rules.

New rules: problematic? Enforcing them is still uncertain Compromises? Not going far enough? not address the question of legal authority  2010 summer: proposed a "third way" that would reclassify broadband traffic so that some aspects of broadband would comply with old rules used to regulate the telephone network  This proposal was largely panned by critics  No more mentioning of reclassifying broadband traffic Cable and telecom giants will file lawsuits challenging the FCC's authority to regulate the broadband market?

FCC ：製定規則的權力？ 2010 年 4 月，美國一個法院在 Comcast 一案中，認為 1) 國會給予 FCC 廣泛的權力去應對科技發展 Congress gave the FCC broad and adaptable jurisdiction so that it can keep pace with rapidly evolving communications technologies  the Internet is such a technology, arguably the most important innovation in communications in a generation

FCC ：製定規則的權力？ 2) 這些權力具相當彈性，好讓 FCC 能應對因科技發展帶來的規管難題 ，但這不等於 FCC 可任意規管一些活動，因為法律根本沒有賦予 FCC 權力去規管這些活動 notwithstanding the “difficult regulatory problem of rapid technological change” posed by the communications industry, "the allowance of wide latitude in the exercise of delegated powers is not the equivalent of untrammeled freedom to regulate activities over which the statute fails to confer... Commission authority." Because the Commission has failed to tie its assertion of ancillary authority over Comcast's Internet service to any "statutorily mandated responsibility,”  we grant the petition for review and vacate the Order.

Timeline 2004  In February, then-FCC Chairman Michael Powell gives a speech called “Preserving Internet Freedom: Guiding Principles for the Industry,” outlining the idea of four Internet Freedoms in response to calls for some type of network neutrality  In February, Madison River, a telephone company, blocks Vonage VoIP services, creating one of the first cases of an ISP discriminating against IP traffic. The FCC later put a stop to the discrimination, and in August the commission proposed a set of four Open Internet Principles. As a policy statement, they were a start, but they lacked teeth because they weren’t regulations… here/

Timeline 2006  Congress attempted to pass the first of many network neutrality bills. In general, ISPs and hardware makers are against any legislation, while large Internet content providers and engineers are in favor, with eBay’s then- CEO Meg Whitman sent an to eBay’s users asking them to contact their Congressmen in favor of network neutrality. The law didn’t pass. 2007:  another net neutrality bill. It failed. Meanwhile, users accused Comcast of blocking P2P files on its network — a problem in part because such files often include video that might be considered competitive with Comcast’s own pay TV service. The FCC investigates  Another net neutrality bill introduced. The FCC found Comcast was blocking P2P files on its network as part of its network management practice. The FCC under Chairman Kevin Martin censured Comcast for blocking such files and ordered it to implement and file a new and non- discriminatory network management plan.

Timeline 2009  Comcast sues the FCC. In September, FCC Chairman Julius Genachowski began to create rules to cover network neutrality… 2010 In April, a court says the FCC doesn’t have the authority to censure Comcast for violating the Open Internet Principles… Summer:  the FCC proposed the Third Way  Google and Verizon came up with suggested policy framework and Congress attempting a bill. Dec. 22  the FCC revamped its order to provide the three principles… That will ensure the FCC is arbitrating network neutrality disputes for years to come and likely fighting for that power in the courts.

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