Net Neutrality Rules to Be Decided After November Elections

摘要

The FCC Wireline and Wireless bureaus sought more comment in the net neutrality proceeding Wednesday. Comments are due 55 days after the notice is published in the Federal Register, replies 25 days later. That effectively kicks key decisions on that and broadband reclassification back until after the November elections, said many agency and industry officials. Odds had already appeared slim that Chairman Julius Genachowski would circulate an order on his proposed "third way" reclassification plan Thursday, for a vote at the Sept. 23 open meeting. The new public notice poses questions on what have emerged, according to most observers, as the most contentious issues in negotiations over a net neutrality agreement: Managed services and unique problems faced by wireless providers. There appear to be "three general areas of concern" to "maintain the investment promoting benefits" of what the notice called "specialized" services "while protecting the Internet's openness." One concern is that net neutrality rules could be less effective if providers "offer specialized services that are substantially similar to, but do not technically meet the definition of, broadband Internet access service." nn nnA second concern is that carriers would neglect the buildout of the rest of their networks to add to their capacity to offer managed services. "If this occurs, and particularly if one or more specialized services serve as substitutes for the delivery of content, applications, and services over broadband Internet access service, the open Internet may wither as an open platform for competition, innovation, and free expression." A third concern is that providers would be able to engage in "anti-competitive conduct with respect to specialized services," especially those that offer content, applications, or services "or if they enter into business arrangements with third-party content, application, or service providers concerning specialized service offerings." Commissioner Robert McDowell, an opponent of reclassification and of the FCC’s net neutrality proposal, questioned whether asking additional questions will be helpful. "Thus far, the record has revealed nothing that requires intervention by the government," he said. "The Internet has been open since its inception and is the greatest deregulatory success story of all time. While I do not object to an opportunity for further public comment, I doubt any new factual revelations will come to light that would justify Internet regulation."