FCC's Tom Wheeler Says He'll Ask For Public Comment On Whether It's Appropriate To Reclassify Broadband
from the well-now-it-gets-a-bit-more-interesting dept
This morning, a bunch of Senators joined with over 150 internet companies and over 100 venture capitalists to ask the FCC's Tom Wheeler not to make a big mistake with his "open internet" rules and enable a multi-tier internet, where broadband companies with tremendous market power can create fast lanes.Wheeler has now responded to that original letter from over 150 internet companies (disclosure: we were one of the companies that signed that letter). While reiterating his previously stated promises that he really wants to protect an open internet, he also dropped this tidbit:
The item we will vote on next week seeks input on the best way to accommodate this goal. We will specifically ask whether Title II or Section 706 of the Communications Act is the best way to address the matter of Internet openness.That's a bit of a shift. All indications before were that, at this stage, the focus was entirely on Section 706, with Wheeler merely promising to hang onto Title II in his back pocket. Putting it up front and center, and asking for public comment on the use of Title II reclassification (which would make broadband providers subject to common carrier rules) is a big deal. Wheeler further stated that he's really committed to this based on his own earlier experiences. While many have (rightfully) pointed out that Wheeler is a former cable industry lobbyist, he notes that he's also been on the other side of networks with monopolistic powers:
As an entrepreneur who started companies that offered new programs and services to cable companies, I was subject to being blocked from access to cable networks. It is an experience that made me especially wary of the power of closed networks to innovate on their own agenda to the detriment of small entrepreneurs.Of course, some of his previous statements have suggested that he still doesn't understand the full nature of the problem (interconnection and the lack of competition). So it remains to be seen what really happens. However, it's encouraging to see that Wheeler seems to be progressively moving closer to making Title II a legitimate option.
To a very large extent, this experience has been the backbone of my long-time support for the Open Internet. It is the openness of the Internet that makes it special. My job at the FCC is to protect that openness, and the innovation and expression it allows to flourish.
Of course, as that gets closer and closer to the table, the insane freakout from broadband providers and their (very powerful) lobbyists will reach a fever pitch. This fight is far from over, but it's getting more interesting day by day.
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Filed Under: 706, broadband, fcc, net neutrality, open internet, reclassification, title ii, tom wheeler
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FCC complaints
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Re: FCC complaints
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Re: Re: FCC complaints
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Re: FCC complaints
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An important distinction:
Still, openly mentioning Title II like that as an 'option' will certainly have the broadband providers running around like headless chickens for the next while, that should be nice and entertaining(if potentially rather frustrating and annoying, as they throw their money and influence around like crazy, doing their best to drown out any voice other than theirs).
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Re: An important distinction:
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Re: An important distinction:
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Re: An important distinction:
Whether that means an actual human looked at it, I can't say. I think the FCC will listen to reasonable comments that are more than simple hyperbolic ventilation of the author's lungs. I note that 99% of the 10,000+ comments received so far are little more than spam, which I hope the FCC ignores.
Simply spamming the FCC with the very same one liner doesn't do the NN cause any good.
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Flexibility
And yet he was still fine with becoming a lobbyist for them. The man seems suspiciously flexible.
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Re: Flexibility
To be fair, I'm pretty sure you have the timeline backwards. He was a lobbyist for the cable companies in their earlier years, when they were actually the upstarts, challenging the networks dominance. It was only *after* that, that he became an entrepreneur who then had to face the monster he partially helped to create...
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Re: Re: Flexibility
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Re:
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Re: Re:
Exclusive cable franchises were banned by the 1992 Cable Act. The 1996 Telecom Act did the same for exclusive telephone certificates (a "certificate" allows a telephone company to do business in a state and is granted by the state PUC).
I'm not saying there aren't "de facto" monopolies, especially in cable (at least telephone companies are required by law to lease components of their networks to competitors; that requirement has never applied to cable companies).
But there is no law that prevents a google (for example) from overbuilding an existing cable or telephone network.
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Nearly every cable market is a monopoly. Glad that you recognize the problem.
"But there is no law that prevents a google (for example) from overbuilding an existing cable or telephone network."
Actually, there are tons of laws that collectively have that effect. Regardless of that, my question is: so what? The public bought and paid for the existing cable and telephone lines. Everyone should be able to make use of them.
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Not exactly. Here are some relevant links
"Judge Thomas Penfield Jackson of the district court in Washington did support regulation of cable rates by the 1992 Cable Act saying that horizontal-integration limitation between cable operators and broadcast stations with local cable system was intended to promote competition by preventing concentration of cable systems connected under the hands of a few companies. On the other hand, the Judge stated that Cable Act hadn't specified limits on horizontal integration thus, ordered the Federal Communications Commission to come up with regulations."
http://en.wikipedia.org/wiki/Cable_Television_Consumer_Protection_and_Competition_Act_o f_1992#Provisions
"In areas served by a cable operator, Section 628(c)(2)(D) generally prohibits exclusive contracts for satellite cable programming or satellite broadcast programming between vertically integrated programming vendors and cable operators. "
https://www.federalregister.gov/articles/2007/03/01/E7-3520/implementation-of-the-cable-television- consumer-protection-and-competition-act-of-1992-development
From my understanding the act doesn't prevent municipalities from granting cableco monopolies but what it does is it prevents a single entity from having a monopoly on both cable and broadcasting in the same area at the same time. As pointed out by others on this blog (and mentioned in the Wikipedia article) it also either requires cable companies to retransmit local broadcasting signals (at a statutory fee) or to negotiate a retransmission license with broadcasters (only if they wish to carry the signal) depending on which of the two options the broadcasters choose. That is if the broadcasters choose the former the cable provider must carry the signal and they pay a statutory fee. If the broadcasters choose the later the cable providers may choose whether or not they wish to carry the signal and if they wish to they can negotiate a license with the broadcasters.
For more details see
http://www.fcc.gov/encyclopedia/evolution-cable-television
"The 1996 Telecom Act did the same for exclusive telephone certificates"
Which doesn't preclude local cableco monopolies.
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95 percent say they do.
Wheeler: "Ok...so we're NOT going with Title 2. Hey, I only said I will ask about it, not actually do it! Can't blame me for your misunderstanding me, now can you?!"
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Think of the bumper sticker: "NO GOVERNMENT TAKEOVER [REGULATION] OF THE INTERNET"
Obviously the issue is far more nuanced than that, but with the US electorate- nuance matters little. The best slogan usually wins.
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Re:
Unless they like regulation, then they are all for it.
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"Wheeler dealer?"
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After seeing Verizon's 'Sponsored Data' plan, and Comcast letting their interconnections saturate with Tier 1 transit providers. I'm definitely voting for Title II classification.
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FCC to regulate POWER and FREQUENCY in PUBLIC INTEREST
Cause that net neutrality CRAP.
Remember; they didn't have regulatory authority.
Now the POTUS fascists (who wiped the Original FCC Mission Statement) now are expanding with their mission creep.
Worst nightmare, attacking alt media now.
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Re: FCC to regulate POWER and FREQUENCY in PUBLIC INTEREST
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Dear Tom Wheeler,
Now, stop screwing The People over and start doing your damn job.
Regards,
The American Public.
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Re: Dear Tom Wheeler,
On the mark, except change “ISPs” to “providers.”
Remember that before 2005, independent ISPs had equal access to DSL lines (though not to cable or fiber). ISPs can exist in a competitive market; it’s only because the FCC has allowed last-mile providers to use their natural monopoly to control access to their lines that there is essentially no such market.
At present and for the foreseeable future, physical lines can deliver speeds and capacities unattainable by other means; likewise, fiber outclasses coax and coax outclasses twisted pair. It should not matter what the last mile is delivering. There needn’t be a monopoly on Internet service, or television packages, or video on demand, or voice communication or any other kind of one- or two-way information flow, just because there is a monopoly on the physical infrastructure.
Correct me if I’m wrong, economists, but I believe one of the basic steps to take when confronted with a natural monopoly is to isolate it, both to keep it from using its monopoly power to distort other markets and to keep regulators’ jobs as clear, simple and limited as possible.
Split them apart! If you provide the line, you should be agnostic as to what travels over it. If you provide an information, communication or entertainment service, you shouldn’t have any control over the lines.
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Re: Re: Dear Tom Wheeler,
Think about that for a moment. Everybody knows that DSL cannot support the bandwidth that cable and fiber can. Yet DSL was the one technology that was saddled with a sharing requirement, while cable and fiber got a "get out of jail free" card?
It never made any sense to me. Which is why, in 2005, the FCC decided to relieve DSL of that burden, to put it on a more equal footing with fiber and coax. Of course, putting all technologies on a equal footing was the right thing to do, but the FCC went in the wrong direction.
They should have made fiber and cable utility services just like DSL was, and forced all three to line share.
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https://www.fcc.gov/leadership/tom-wheeler-mail
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Telcos want lucrative segmentation, they want to be able to bill both the content creators and content consumers, and they will get it... unless an ACTA-like very vocal movement appears, block them and preserve the far-from-ideal status quo, or worse, push them into the "dumb pipes" direction.
So, yes, the FCC will ask.
But the US population tend to be very trusting, unconfrontational, with the attention span of a drunk toddler with Alzheimer. All it take is a guy in a suit to pinky-swear that he'll safeguard the public interest, and everyone go back to watching funny cat videos.
So that will probably be enough to keep the majority quiet until it's too late.
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