Yesterday I participated in a meeting with Scott Wilson in Vermont Senator Patrick Leahy's Burlington office. There were 7 of us there in the meeting, which was coordinated by Mary Alice Crim, a very helpful person from the
Free Press organization. The topic was Net Neutrality, which took a hit this year when the U.S. Court of Appeals ruled that the FCC does not have the power to enforce the Open Internet Order (
Verizon v. FCC). At the risk of over simplifying, what this ruling did was kill the principal of Net Neutrality. Before I discuss what this means to "We, the People", I think we need to take a step back for a quick history lesson.
The Bush era FCC classified broadband Internet access service as an "information service" and NOT a "telecommunications service". Information services (according to the court ruling) are exempt from the rules that prevent an ISP from "blocking" or "discriminating" under FCC Rule 10-201. These rules are intended by the FCC to prevent or discourage broadband Internet service providers from acting unfairly as "gatekeepers to the Internet" by blocking or discriminating against third-party providers of content, applications or devices.
"Specifically, the Commission has mandated that broadband Internet access service providers (1) follow transparency rules that require them to make available public information regarding their network management practices; (2) not block access to lawful websites; and (3) not favor third party services and applications in which the service provider has a financial interest. In the case of fixed (non-mobile) broadband Internet access service providers (e.g., cable companies, landline telephone companies), the Commission also prohibits unreasonable discrimination against any third party services, and blocking of non-harmful devices, applications or content. All of the requirements are subject to the right of the broadband Internet access service provider to adopt reasonable network management practices." ( read the Article here )
This created the problem that either broadband is a "common carrier" network that is subject to FCC rules, or it is an "information service", which means the FCC does not have the power to enforce the Open Internet Order, or, the end of Net Neutrality.
In order to protect a free and open Internet, there seems to be 2 possible courses of action. Current FCC Chairman Tom Wheeler seems to favor a case-by-case examination under FCC Section 706, which was created to promote broadband development. In a Washington Post article on February 19 of this year, reporter Brian Fung wrote "Wheeler seems to have seized what he's called the court's "invitation"
to act boldly under Section 706 of the Telecommunications Act, which
gives the FCC authority to regulate broadband infrastructure deployment.
Under the FCC's reading of that statute, the agency can make rules on
Web traffic discrimination because of the relationship between the free
flow of information and the expansion of new technologies and services."
(Read the article here) Fung quotes Wheeler in a statement he made after the court ruling "Innovators cannot be judged on their own merits if they are unfairly prevented from harnessing the full power of the Internet."
The second way to bring back enforceable Net Neutrality rules is to correct the classification problem, and to reclassify broadband as a "telecommunications service" or "common carrier"under Title II. This would seem to fix the problem, and would give the FCC the legal power to enforce it's Open Internet rules. As a teacher and consumer of media, I am concerned that we get most of our news and entertainment from just a handful of consolidated media conglomerates. The Internet provides an alternative to that. Maintaining and enforcing Net Neutrality provides a
free and
open Internet that allows me to access information online that the 6 big mainstream media companies don't offer. I can access news and information online that I can't get elsewhere, and Net Neutrality is an important protection that allows access to sites and information of my choosing without interference and censorship. In my opinion, this is the fix that ensures the free exchange of information and ideas, the very thing that is the bedrock of our Democracy.
Still with me? This brings us back to now, and the meeting with Scott Wilson. We let Mr. Wilson know that we are urging Senator Leahy to tell the FCC to reclassify broadband as a telecommunications service under Title II so that the FCC can craft and enforce strong Net Neutrality protections. We also thanked the Senator for his continuing support of a free and open Internet. Mr. Wilson told us that they will be watching the FCC and deciding the next move based on what course of action it takes. He told us that we have a champion in Senator Leahy who cares about strong Net Neutrality rules that protects consumers and innovators. He added that it isn't Netflix (and it's leaked secret agreement with Comcast) that we need to worry about, but the next "netflix", the small service innovators that could be shut out of the competition. "Let's see what the FCC is doing" Wilson told us, and hope that popular backlash will create the pressure to keep Net Neutrality rules in effect. If not, then congress may have to step in with laws to enforce a free Internet and protect consumers and innovators. In a written response to the courts ruling, Senator Leahy said "“I am disappointed by today’s ruling that struck down core elements of
the FCC’s Open Internet rules. Network neutrality is a bedrock
principle of the Internet, one that has allowed it to grow and flourish
into the ultimate marketplace of ideas. I will be closely monitoring
this issue to ensure these principles are preserved. It is crucial that
the Internet remain a place where a better idea, product, or service
can succeed on its merits, not based on a financial relationship with a
broadband provider.” I just hope that a "wait and see" position doesn't jeopardize the need to act now before we see the freedom we take as our right lost. To prevent censorship, descrimination, and website blocking, the FCC must reclassify broadband as a telecommunications service under Title II.
