Net Neutrality

The Perfect, the Good, and the FCC

It has been a busy week in U.S. communications policy, with an FCC meeting adopting important spectrum policy reforms, an FCC complaint about Comcast's approval policies for cable modems, and a dispute between Comcast and Level 3 over fees for Internet backbone traffic. And late last night, it got even more interesting. more

Comcast’s Demand for a Video Surcharge From Its Level 3 “Peer”

According to Level 3, a major long haul Internet Service Provider, Comcast has demanded a "recurring fee" when Level 3 hands off movie and other high capacity video traffic for delivery by Comcast to one of the cable company's subscribers. This demand warrants scrutiny, perhaps less in the context of Network Neutrality and more in terms of further diversification (unraveling) of the peering process. more

UK Ponders Net Neutrality, Overstating Broadband Competition

The recent declaration from the UK’s minister for communications that the Internet should be tiered, thereby allowing ISPs to charge for prioritised traffic (either rated by speed delivered or by content provider) is a knee-jerk response to network strain masking as a necessary network management tool, and is a potential threat to the concept of net neutrality. ...developments in the mobile data sector make it clear that capacity constraints are appearing on mobile networks as well, long before the anticipated launch of LTE-based services in the UK in 2013. more

Net Neutrality - The Phoney War?

The current battles being fought over net-neutrality were over before they began. Whether you regard it as a good thing or a bad thing the world already has a multi-tiered internet and it's likely to become even more stratified in the coming years. Most markets, or perhaps countries is a better grouping, depend on commercial organisations to deploy broadband access and to serve the consumers that sign-up. The internet service providers that governments and customers depend on to reach more and more consumers and in increasingly difficult locations (read 'less likely to generate revenue') are there to make money. more

A Look at How Google, Verizon and the FCC Talks are Playing Out

Sam Gustin reporting in DailyFanance: "As Apple (AAPL), Amazon (AMZN), Netflix (NFLX) and Google forge ahead with highly publicized new plans to stream high-speed content like movies and TV shows to your living room, smartphone, telecom and cable giants like AT&T, Verizon and Comcast (CMSCA) have been intensely lobbying to maintain control over the broadband pipes they spent billions to build. Comcast is going so far as to buy a rich content factory, NBC Universal, a deal that would create a $35 billion media and delivery juggernaut." more

Network Neutrality is the Wrong Fight!

We shouldn't settle for network neutrality. It's a poor substitute for what we had and much less than what we need. Let me explain. There are two topics to discuss. The first is "common carriage," a centuries old legal concept that applied to the US telecom industry throughout most of the 20th century. The second involves communications protocols. Both topics are complex, so I will cover only what's needed to understand why we shouldn't accept network neutrality and why, at a minimum, we should fight for enforcement of existing common carriage rules. more

Net Neutrality and Google/Verizon

What surprises me about the Google/Verizon deal is not that they have come to agreement, but that they have taken so long to do so. What they have agreed to is essentially what I proposed they do back in 2006. What Google want and what Comcast, Verizon and the carriers want is not and was not incompatible. more

Google Responds to Criticisms Over Proposed Net Neutrality

Responding to recent controversies over Google-Verizon deal, Richard Whitt, Google's Washington Telecom and Media Counsel writes: "Over the past few days there's been a lot of discussion surrounding our announcement of a policy proposal on network neutrality we put together with Verizon. On balance, we believe this proposal represents real progress on what has become a very contentious issue, and we think it could help move the network neutrality debate forward constructively. We don't expect everyone to agree with every aspect of our proposal, but there has been a number of inaccuracies about it, and we do want to separate fact from fiction." more

The Good, the Bad and the Ugly in the Google-Verizon Legislative Framework

Google and Verizon have developed a "Proposal" on Internet access which I am sure they expect to serve as a template, starting point and frame of reference going forward. In light of the FCC's judicial reversal in the Comcast case, the absence of substantive progress at the FCC and the unlikelihood of congressional action, two major stakeholder can and have taken the lead. It should come as no surprise that Verizon and Google have emphasized and begrudgingly compromised on their corporate interests. more

About Those “Mission Critical” Bits

News that Google and Verizon are negotiating "better than best efforts" Internet routing probably comes across as a betrayal of sorts to network neutrality advocates. Bear in mind that Information Service Providers ("ISPs") do not file public contracts known as tariffs and have the freedom to negotiate deals with individual clients. On the other hand ISPs, regardless of their FCC regulatory classification, cannot engage in unfair trade practices that achieve anticompetitive goals such a tilting the competitive playing field in favor of a corporate affiliate, or special third party. more

Does the First Amendment Forbid Spam Filtering?

A friend of mine wrote to ask: "The Supreme Court overturned the Jaynes conviction on First Amendment grounds, yes? I'm wondering what that could mean from the spam filtering perspective." Spam filters, and in particular DNS blacklists are intended to prevent e-mail from being delivered. Doesn't the First Amendment make it illegal to block speech? The short answer is no, but of course it's slightly more complicated than that in practice. more

FCC: We Will Regulate Broadband

Since the dust has settled from a stinging defeat in federal court, the FCC has decided to move on its own to settle the broadband regulation dispute. With a 3-2 vote the commission issued a Notice of Inquiry that would set the stage for more regulatory authority of broadband. It seems ironic that the motivating factor was the court case brought by Comcast in Federal District Court to immobilize the FCC's efforts to sanction the service provider from throttling Bit Torrent, file sharing customers. more

FCC Proposes a ‘Third Way’ of Regulating Broadband Providers

Jared Newman reporting in PC World: "Wounded from a court decision that stopped the government from regulating Internet service providers, the Federal Communications Commission has announced a new way to gain some control over the broadband industry. The proposal would let the FCC treat Internet transmissions like telephone communications, entailing more oversight, but would prevent government control over Web services, applications and e-commerce sites." more

Network Neutrality and the FCC’s Inability to Calibrate Regulation of Convergent Operators

For administrative convenience and not as required by law, the FCC likes to apply an either/or single regulatory classification to convergent operators. Having classified ISPs as information service providers, the Commission unsuccessfully sought to sanction Comcast's meddling with subscribers' peer-to-peer traffic. Now Chairman Genachowski wants to further narrow and nuance regulatory oversight without changing the organic information service classification. more

FCC’s Genachowski Promises He’s Not Out to Regulate Net, New Media

We learned from The Wall Street Journal yesterday that "Federal Communications Commission Chairman Julius Genachowski gets a little peeved when people suggests that he wants to regulate the Internet." He told a group of Journal reporters and editors today that: "I don't see any circumstances where we'd take steps to regulate the Internet itself," and "I've been clear repeatedly that we're not going to regulate the Internet." We're thankful to hear Chairman Julius Genachowski to make that promise. We'll certainly hold him to it. But you will pardon us if we remain skeptical... more