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   Net Neutrality Passes, Eliminating Broadband Restrictions

   Josh Centers

   The FCC has voted, 3 to 2, in favor of adopting the Open Internet
   Order, which reclassifies broadband Internet service as a
   'telecommunications service' under Title II of the Communications Act
   (for background, see '[1]FCC Goes All-In on Net Neutrality,' 7 February
   2015). The FCC also voted to overturn certain state restrictions on
   municipal broadband networks.

   The bad news is that the actual rules have not yet been released
   publicly, and it could be several days before we know the details. For
   now, all we have to go by is the FCC's [2]press release, which
   summarizes the new rules.

   The main provisions are the so-called 'Bright Line Rules,' which ban
   three practices that the FCC said harm the open Internet:

     * No Blocking: broadband providers may not block access to legal
       content, applications, services, or non-harmful devices.
     * No Throttling: broadband providers may not impair or degrade lawful
       Internet traffic on the basis of content, applications, services,
       or non-harmful devices.
     * No Paid Prioritization: broadband providers may not favor some
       lawful Internet traffic over other lawful traffic in exchange for
       consideration of any kind ' in other words, no 'fast lanes.' This
       rule also bans ISPs from prioritizing content and services of their
       affiliates.

   In addition, the rules give the FCC the power to act as a referee
   between broadband providers and customers, and require broadband
   providers to disclose promotional rates, fees, surcharges, and data
   caps in a consistent format. Additionally, the FCC will also act as a
   referee for interconnection disputes between broadband providers and
   content providers.

   While broadband providers are now technically subject to Title II
   regulations, there are a few that will not apply, such as rate
   regulation and Universal Service Fund contributions. Also, broadband
   service will remain exempt from state and local taxation.

   One interesting thing I noticed about the wording of the press release
   is that the FCC prefers the term 'broadband providers' instead of
   Internet service providers. Given that the FCC recently [3]redefined
   broadband as a download speed of 25 Mbps down and 3 Mbps up, does that
   mean that slower Internet connections are not covered?

   One thing is for sure: the telecommunication companies are hopping mad.
   Verizon released an angry press release condemning the vote in [4]Morse
   code, with a translated version appearing to be drafted with a
   [typewriter][rewrite7] (PDF). The press release, mockingly dated 26
   February 1934, claims that the Internet now falls under rules from the
   1930s.

   [rewrite7]: http://publicpolicy.verizon.com/assets/docs/VZ_NR_ '
   2-26-15VZ_Statement_on_Open_Internet_Order_FINAL_1.pdf

   There is little doubt that major telecom firms will sue. The Republican
   Congress isn't at all pleased, but for the most part, it has
   [5]conceded to the Obama administration. However, [6]some Republicans
   are still looking to push forward with a bill that would bring some new
   broadband regulations, but would also defang the FCC on Internet
   matters.

   The FCC also voted to [7]preempt laws in Tennessee and North Carolina
   that prevented municipalities from expanding their broadband networks
   (I discussed these in ('[8]Net Neutrality Controversy Overshadows U.S.
   Broadband Woes,' 19 February 2015). However, this move does not affect
   the remaining states with similar laws.

References

   1. http://tidbits.com/article/15399
   2. http://www.fcc.gov/document/fcc-adopts-strong-sustainable-rules-protect-open-internet
   3. http://bits.blogs.nytimes.com/2015/01/29/f-c-c-sharply-increases-definition-of-broadband/
   4. http://publicpolicy.verizon.com/blog/entry/fccs-throwback-thursday-move-imposes-1930s-rules-on-the-internet
   5. http://www.nytimes.com/2015/02/25/technology/path-clears-for-net-neutrality-ahead-of-fcc-vote.html
   6. http://arstechnica.com/tech-policy/2015/02/despite-fcc-vote-republicans-in-congress-not-conceding-on-net-neutrality/
   7. http://www.fcc.gov/document/fcc-preempts-laws-restricting-community-broadband-nctn
   8. http://tidbits.com/article/15426

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