By Mark Huffman
ConsumerAffairs.com
May 6, 2010
The Federal Communications Commission has taken another step toward exerting more control over broadband Internet in the U.S., proposing to reclassify broadband traffic as telecommunication services.
The lengthy position statement from FCC Chairman Julius Genachowski follows a federal appeals court ruling last month that said the agency lacked authority to stop Comcast from slowing down traffic on its network.
The ruling was a shot across the FCC's bow as it worked to form a new policy to promote the principal of Net neutrality.
In his statement, Genachowski noted that Congress created the FCC more than 75 years ago to regulate wire and radio transmissions to the benefit of the public.
"In the decades since, the technologies of communications have changed and evolved-from telephone, radio, and broadcast TV to cable, satellite, mobile phones, and now broadband Internet," Genachowski said. "With the guidance of Congress, the Commission has tailored its approach to each of these technologies. But the basic goals have been constant: to encourage private investment and the building of a communications infrastructure that reaches all Americans wherever they live; to pursue meaningful access to that infrastructure for economic and educational opportunity and for full participation in our democracy; to protect and empower consumers; to promote competition; to foster innovation, economic growth, and job creation; and to protect Americans' safety."
Since taking office, Genachowski has been an advocate of Net neutrality, which is a principle of free and unfettered access to the Internet. For example, Internet Service Providers would be prohibited from favoring one type of content over another. They would not be allowed to restrict sites, platforms or the kinds of equipment that can be attached.
Basic protection
"Consumers do need basic protection against anticompetitive or otherwise unreasonable conduct by companies providing the broadband access service to which consumers subscribe for access to the Internet," Genachowski said. "It is widely accepted that the FCC needs backstop authority to prevent these companies from restricting lawful innovation or speech, or engaging in unfair practices, as well as the ability to develop policies aimed at connecting all Americans to broadband, including in rural areas."
The FCC chairman said policies should not include regulating Internet content, constraining reasonable network management practices of broadband providers, or stifling new business models or managed services that are pro-consumer and foster innovation and competition. He said FCC policies should also recognize and accommodate differences between management of wired networks and wireless networks, including the unique congestion issues posed by spectrum-based communications.
"The Internet has flourished and must continue to flourish because of innovation and investment throughout the broadband ecosystem: at the core of the network, at its edge, and in the cloud," Genachowski said.
