[Infowarrior] - FCC To Introduce Net Neutrality Rule

[Richard Forno]

FCC To Introduce Net Neutrality Rule

http://voices.washingtonpost.com/posttech/2009/09/fcc_to_introduce_rules_that_pr.html

Julius Genachowski, chairman of the Federal Communications Commission,  
plans to propose a new so-called net neutrality rule Monday that could  
prevent telecommunications, cable and wireless companies from blocking  
Internet applications, according to sources at the agency.

Genachowski will discuss the rules Monday during a keynote speech at  
The Brookings Institute. He isn't expected to drill into many details,  
but the proposal will specifically be for an additional guideline on  
how operators like AT&T, Verizon, and Comcast can control what goes on  
their networks. That additional guideline would prevent the operators  
from discriminating, or act as gatekeepers, of Web content and services.

The guidelines in place today have been criticized by applications  
developers like Google and public interest groups for not going far  
enough to clarify what is defined as discriminatory behavior. Comcast  
is fighting in federal court an FCC ruling that it violated the  
guidelines by blocking a video application last year. AT&T and Verizon  
have said existing rules are sufficient, and more regulation is  
unnecessary. However, they have also said they wouldn't fight against  
an additional guideline that focuses on discriminatory behavior.

The sources spoke on the condition of anonymity because details of the  
new regulations haven't been officially announced.

The new rule would be the first bold move by Genachowski, who served  
as President Obama's technology advisor during the campaign and  
transition. The rule could upset wireless, telecom and cable operators  
who have fought against regulations that would give them less control  
over traffic that runs on their networks. They argue that they need to  
maintain flexibility to manage traffic to ensure some applications  
don't take up too much bandwidth and make Web access slower for some  
users.

The agency is expected to review what traffic management is reasonable  
and what practices are discriminatory. The guidelines are known as  
"principals" at the agency, which some public interest groups have  
sought to codify so that they would clearly be enforceable by the  
agency.

The debate over net neutrality encompasses a wide variety of  
technology companies. Some -- like Google -- create applications for  
the Web and want customers to have easy access to their wares. Network  
owners, however, find themselves increasing on the defensive; their  
traditional business of providing phone and television has been  
challenged by upstarts providing much of the same content on the Web.

Such network operators have drawn scrutiny of late.

Google revealed Friday in letters to the FCC that Apple rejected its  
voice service and a mapping service on the popular iPhone and Internet  
voice service Skype has fought for rules that would prevent companies  
like AT&T from keeping its service off its wireless 3G network. The  
FCC asked AT&T, Apple and Google to respond to questions about  
allegations that Google Voice was blocked. Apple denies it rejected  
the application, saying it is still evaluating whether to permit it on  
the iPhone. And it is unclear whether the FCC can regulate the  
manufacturers of wireless phones, which some argue are part of  
wireless networks and others say are separate from networks and not  
under the jurisdiction of the agency.

Consumer interest groups have pushed for new rules and key lawmakers  
Thursday ratcheted up the debate when Rep. Henry Waxman (D-Calif.),  
chairman of the Energy and Commerce Committee said he would co-author  
a net neutrality bill with Rep. Ed Markey (D-Mass.) and Anna Eschoo (D- 
Calif.).

"If the commission moves forward on network neutrality, it will  
achieve the president's signature tech policy agenda item," said Ben  
Scott, director of policy at public interest group Free Press. "And  
it's a firm move to protect the open Internet for consumers and  
producers of content in a competitive marketplace of speech and  
commerce."