(WEB HOST INDUSTRY REVIEW) — Following an announcement last month in which it renewed its efforts to solidify the agency’s authority over Internet service providers, the Federal Communications Commission (www.fcc.gov) has opened a new proceeding to identify the best legal approach for it to govern the broadband industry.
Last month, FCC Chairman Julius Genachowski proposed a so-called “Title ll” common carrier ruling, which would essentially group ISPs with telecom companies, enabling the FCC to enforce tougher regulations, including those that stop ISPs from throttling the bandwidth of suspected file sharers, blocking websites arbitrarily, or limiting what kinds of devices can be used on their networks.
According to the FCC’s Thursday announcement, it has begun a public process to evaluate possible frameworks for addressing the high-speed connections most consumers use to access the Internet. The FCC hopes this “Notice of Inquiry” will find the way to best support its mission of ensuring “universal access to affordable, high-quality broadband services; promote broadband innovation, investment, and competition; and protect and empower consumers.”
The Notice of Inquiry is seeking input on a number of issues, including whether the FCC’s “information service” classification of broadband Internet service is legally sound and adequate to support effective performance of the Commission’s responsibilities. The FCC also wants to know if the legal and practical consequences of classifying broadband Internet connectivity as a “telecommunications service” to which all the requirements of Title II of the Communications Act would apply.
It is also seeking opinions on a “third way” proposed last month under which the organization would reaffirm that Internet content and applications remain generally unregulated under Title I of the Communications Act; identify the Internet connectivity service that is offered as part of wired broadband Internet service as a telecommunications service; and forbear under Section 10 of the Act from applying all provisions of Title II other than the small number that are needed to implement fundamental universal service, competition and market entry, and consumer protection policies.
A recent decision by the US Court of Appeals cast doubt on prior understandings about the FCC’s ability to ensure fair competition and provide consumers with basic protections when they use today’s broadband Internet services. Today’s action begins the process of identifying the best way forward to ensure a solid and narrowly tailored legal foundation for implementing key recommendations of the National Broadband Plan — such as refocusing the federal universal service program on promoting broadband deployment and adoption, ensuring consumers have access to relevant information about their broadband services, customer privacy, and access for people with disabilities – as well as for preserving the open Internet.
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