Friday, May 16, 2014

Net Neutrality and the FCC

The FCC issued its NPRM yesterday for new Net Neutrality. The rules are short, and the basis for substantial litigation.

Here is a sample of the key proposals:

§ 8.3    Transparency. (a)  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, in a manner tailored (i) for end users to make informed choices regarding use of such services, (ii) for edge providers to develop, market, and maintain Internet offerings, and (iii) for the Commission and members of the public to understand how such person complies with the requirements described in sections 8.5 and 8.7 of this chapter. (b)  In making the disclosures required by this section, a person engaged in the provision of broadband Internet access service shall include meaningful information regarding the source, timing, speed, packet loss, and duration of congestion. (c) In making the disclosures required by this section, a person engaged in the provision of broadband Internet access service shall publicly disclose in a timely manner to end users, edge providers, and the Commission when they make changes to their network practices as well as any instances of blocking, throttling, and pay-for-priority arrangements, or the parameters of default or “best effort” service as distinct from any priority service.

The issue is what is to be disclosed. Congestion is a real difficult problem and it can be obfuscated readily. I have had difficulty adequately collecting such data for fifty years. There is no definition readily acceptable. 

§ 8.5    No Blocking. 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 management.

 Wow, reasonable! That is how lawsuits are started. My reasonable and your reasonable are always at odds. This is clearly the most unrealistic document ever created! 

§ 8.7    No Commercially Unreasonable Practices. A person engaged in the provision of fixed broadband Internet access service, insofar as such person is so engaged, shall not engage in commercially unreasonable practices.  Reasonable network management shall not constitute a commercially unreasonable practice.

 If you liked the confusion above, then the last one noted here is even better! What does commercially unreasonable mean and to whom! This will be in the Courts for lifetimes! The big carriers could not be happier. I wonder who wrote this in the first place? Just a thought.