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FCC Outlines Internet Regulatory Plan

- By - Source : Tom's Guide US

The FCC wants to regulate the transmission of broadband, not the content within that transmission.

Thursday the FCC laid out its plans to reclassify broadband as a "telecommunications service," a move that would give it more legal footing to enforce net neutrality. The plan arrives after an earlier defeat in court when the FCC tried to prevent Comcast from throttling BitTorrent traffic on its network. Because broadband was classified as an "information service," the court said that the FCC had no jurisdiction and could not punish the company.

But the new broadband classification will change that, granting the FCC authority without forcing it to police Internet traffic. This means that some telecommunications regulations will now be applied to broadband--specifically, the FCC will use old telephony rules that pertain to network transmission. "The FCC will not regulate the Internet, including Web-based services and applications, e-commerce sites, and online content," FCC Chairman Julius Genachowski said in a statement,

The FCC outlined its approach to regulation as follows:

  • Recognize the transmission component of broadband access service--and only this component--as a telecommunications service;
  • Apply only a handful of provisions of Title II (Sections 201, 202, 208, 222, 254, and 255) that, prior to the Comcast decision, were widely believed to be within the Commission's purview for broadband;
  • Simultaneously renounce--that is, forbear from--application of the many sections of the Communications Act that are unnecessary and inappropriate for broadband access service; and
  • Put in place up-front forbearance and meaningful boundaries to guard against regulatory overreach.

Chairman Genachowski said that this "third option" has many important virtues: it's familiar and has worked well in an analogous context (wireless communications), it's a narrow approach to regulation, and would restore the status quo. "This approach would allow the Commission to move forward on broadband initiatives that are vital for global competitiveness and job creation, even as it explores with Congress and stakeholders the possibility of legislative clarification of the Communications Act," Genachowski said.

To read the full statement, head here. CNET also provides an awesome FAQ that explains what this proposal means to you, the web surfer, right here. However, in a nutshell, the FCC is looking to regulate the transmission of broadband, not the content within the transmission.

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kyeana 05/07/2010 10:58 PM
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Right on

Montezuma 05/07/2010 11:42 PM
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Dirtman73 05/08/2010 12:28 PM
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montezuma :
If customers would learn to ditch companies that provide bad service, then these regulations would not be needed. If you happen to live in an area that Comcast has a monopoly, then you need to vote out the idiots in your local and state government that allow the monopoly to thrive. Aside from regulated market(which few exist today in the consumer world), there should always be, at the very least, two to three different companies offering services.



That would all be fine and dandy if it weren't for the fact that Comcast usually works on a contract basis with city and municipal governments. Voting out the turds who allow this kind of thing won't work in the short term when Comcast has a ten-year contract to monopolize your local internet access.

Your trust in an open market is admirable, but quaint. I can't think of any market right now that needs more intense oversight than the broadband market. How effective has an open market been so far? When you allow robber barons to roam at will, they're gonna do what they do best.

Kelavarus 05/08/2010 3:12 AM
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montezuma :
-snip-



I don't get it. You start off saying it's a government failure, then go on to propose it's the job of the people to regulate, which obviously isn't happening... So isn't this a people failure, either way? Either they don't support the FCC, or they continue to accept crappy service, that's a failure of the people, and obviously, the FCC here for once appears to be doing its best to do the right thing.

RawOysters 05/08/2010 4:07 AM
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Montezuma, you are missing the whole point. Genachowski is a huge proponent for net neutrality. He is doing this to stop Comcast from tier pricing. If he doesn't stop them then the flood gates will open for service providers and tier pricing will become the norm. He stated that they want very low key regulation. His whole purpose in doing this is solely to preserve net neutrality.

mcbowler 05/08/2010 5:57 AM
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I'm sorry, what is wrong with tier pricing? If someone wants to only use a little bandwidth and doesn't want to pay $50 per month should they be allowed to buy a plan for $10 a month?

dfrids 05/08/2010 6:30 AM
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So does this mean, in regards to net neutrality, that Espn3/Espn360's policy in regards to being distributed only through ISP's that have paid for the service could be legally contested? If there is anything that violates the ideas of net neutrality it would have to for services to be provided only through certain ISP's.

ms1191 05/08/2010 7:29 AM
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montezuma :
-snip-



I'm sorry, but this is wrong on so many levels.

In an ideal world yes customers alone could regulate services based on their performance. But it never works out that way in the real world.

A completely unregulated free market is probably just as bad as a 100% government controlled one. In an unregulated market one company will end up cornering the market, buying or pushing out the competitors, and then will be free to do whatever they want and the customer base will have no option or recourse.

o0RaidR0o 05/08/2010 3:17 PM
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mcbowler :
I'm sorry, what is wrong with tier pricing? If someone wants to only use a little bandwidth and doesn't want to pay $50 per month should they be allowed to buy a plan for $10 a month?


It isn't soley about tiered pricing. But controlling content, and charging more or throttling services such as Hulu, Youtube, so that you have no choice to either pay the higher fee and don't use the service at all.

JohnnyLucky 05/08/2010 3:24 PM
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The industry as a whole is opposed to any type of government intervention or regulation. That includes the issue of net neutrality. This is not a new issue. The U.S. Government has repeatedly made it known that it supports net neutrality. I've read articles about it for quite a few years. If history repeats itself, then I expect the U.S. Government will step in and wind up with a mess that satisfies no one.

Anonymous 05/08/2010 9:23 PM
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I heard that concast was recently voted as the worst ISP.

knutjb 05/08/2010 11:25 PM
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Kami3k 05/08/2010 11:37 PM
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knutjb :
All the Feds will do is replicate what the cities are doing. If government got their hands out, we would then, and only then, have choice.



Yes because then Comcast will go, finally the government is not forcing us to make contracts that make us the only broadband provider in a given area for years to come.


Free Market fundies, always proving how dumb they are.

LORD_ORION 05/09/2010 4:37 PM
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The government needs to treat the infrastructure like they do roads, and then allow independent service providers to fight it out to deliver services via contract. North America is lagging far behind in internet technology for consumers by subsidizing the robber baron's with tax dollars. (you think comcast paid for most, if any of their internet infrastructure? HAH!)

les_garten 05/09/2010 5:44 PM
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This sounds like a TAX opportunity to me...

figgus 05/10/2010 3:30 PM
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Yeah, wait until the government decides it is a mandatory service like a telephone and we all get to pay extra to run 75 miles of line to one old hermit in the mountains.

Have you guys SEEN the amount of special taxes that get tacked onto your phone bill from government "regulation"?

techguy911 05/10/2010 4:13 PM
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Has anyone seen what mpaa wants to do they got approval from FCC to transmit movies playing that the theater using SOC to homes.
http://www.deadline.com/2010/05/th [...] -tv-lines/

TwoDigital 05/10/2010 6:48 PM
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Actually, the court said that the FCC has no authority over the Internet at all... the FCC can go ahead and classify broadband as a "duck hunting service" or a "car painting service" or whatever you want... once it's challenged in court again, they should again rule against the FCC's self-proclaimed jurisdiction.

ethanolson 05/10/2010 7:54 PM
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Congress has to classify things and shove 'em under the FCC for it all to be legit.

zerghumper 05/10/2010 8:01 PM
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montezuma :
If customers would learn to ditch companies that provide bad service, then these regulations would not be needed.



I live in a location where only AT&T and Charter are offered. In my area both offer sub-par services at less then half the speed you pay for. My only other option would be satellite internet, but that is always metered and I do a lot of downloading and online gaming. It is very very very wrong of you to assume that everyone has freedom to choose from many options or that voting out officials will bring sudden change.

I'm stuck with only theses two companies, and they need to be regulated!

zaznet 05/10/2010 10:04 PM
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figgus :
Have you guys SEEN the amount of special taxes that get tacked onto your phone bill from government "regulation"?



Those fees are provided by your phone company and NOT the government. They are not a tax and not required to be collected by law. The phone company charges you the consumer so that the phone company can be compensated for the cost of doing business within the US. They are arbitrary dollar amounts made up by these companies based on projections of cost increases due to regulations they have to comply with such as E911 and number portability.

figgus 05/11/2010 9:53 PM
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zaznet :
Those fees are provided by your phone company and NOT the government. They are not a tax and not required to be collected by law. The phone company charges you the consumer so that the phone company can be compensated for the cost of doing business within the US. They are arbitrary dollar amounts made up by these companies based on projections of cost increases due to regulations they have to comply with such as E911 and number portability.



And what do you suppose the ISPs will do when they see costs increase because of "regulation"? I never said the government collected those monies on the phone bills, but you yourself just confirmed why they are there.

figgus 05/11/2010 9:53 PM
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zerghumper :
I live in a location where only AT&T and Charter are offered. In my area both offer sub-par services at less then half the speed you pay for. My only other option would be satellite internet, but that is always metered and I do a lot of downloading and online gaming. It is very very very wrong of you to assume that everyone has freedom to choose from many options or that voting out officials will bring sudden change. I'm stuck with only theses two companies, and they need to be regulated!



Actually, you'd be far better served if the government rescinded it's granted monopolies to those two companies. If there were 5 cable companies and 5 phones companies competing for your business, you'd get a great price on excellent service. Who cares of there are 15 sets of lines hanging off a stupid phone pole (which is already placed, I might add).