[Infowarrior] - Verizon threatens protracted court battle if Title II is invoked

[Richard Forno]

Verizon threatens protracted court battle if Title II is invoked
updated 09:45 am EST, Wed November 5, 2014

http://www.electronista.com/articles/14/11/05/verizon.general.counsel.wants.18.year.old.pro.isp.law.to.dictate.policy/

Verizon general counsel wants 18-year-old pro-ISP law to dictate policy

The ISP that started the entire net neutrality debate with a court win, Verizon, is threatening legal action, should the US Federal Communications Commission (FCC) implement Title II oversight of the telecommunications industry. Following claims that FCC Chairman Tom Wheeler is considering a hybrid approach to net neutrality and ISP regulation, Verizon is threatening counter-suits, claiming that doing so "fairly guarantees litigation" by multiple ISPs.

In a Verizon general counsel blog post, Randal Milch sees two ways that the FCC net neutrality debate could play out. Milch claims that "either they 'over-regulate' the space by extending FCC authority beyond its statutory limits, or by creating regulations that have no basis in the record, thereby changing the way the Internet has operated for the past two decades; or they could impose less regulation than the Title II advocates would like."

Title II regulation of broadband would apply regulation to ISPs similar to that of utilities, such as water and power. While the ISPs and some governmental supporters believe the FCC may not have this power, if implemented, US broadband access would be more tightly monitored for abuses, predatory pricing, and other anti-consumer measures. Additionally, the ISPs would be subject to independent ombudsmen deciding if the companies were taking advantage of their power over consumers.

Milch believes that the FCC has "opened itself to credible challenges by all parties" with the reported hybrid approach. The general counsel believes that there is a solution that will prevent the new regulations  from being mired in the courts again -- Section 706 of the Telecommunications Act of 1996.

Section 706 spells out the FCC's authority in the space, and was originally intended to prevent a "digital divide" in the Internet, originally feared nearly 20 years ago. It spells out that the FCC "shall determine whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion" and gives additional oversight to the agency, nowhere near what Title II regulation would provide.

The Telecommunications Act of 1996 was a central pin in Verizon's victorious anti-net neutrality arguments earlier this year. Should the FCC rely on Section 706 for legislation, the ISPs would be able to determine what net neutrality is rather than a governmental agency, and Chairman Wheeler's "fast lanes" could still exist. The FCC would be hamstrung and not be able to effectively respond to abusive anti-consumer practices by ISPs such as throttling, and the status quo would be maintained.

Milch feels that Section 706, with less oversight than Title II implies is the only way forward without costly, and lengthy litigation. If Title II is imposed, then Verizon and the other major ISPs have "no choice but to fight the sudden reversal of two decades of settled law."

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