& cplSiteName &

Net Neutrality Fight Not Over

Carol Wilson
1/14/2014
50%
50%

The federal appeals court ruling today that struck down the FCC's Net Neutrality rules is the latest chapter in a long saga, and it leaves the next move uncertain as new FCC Chairman Tom Wheeler and crew decide whether to file an appeal.

What's interesting about the ruling is that it actually upheld the Federal Communications Commission (FCC) 's right to impose such rules. The court effectively said the agency can regulate the Internet, but it said the rules as they currently exist in the FCC's Open Internet Order couldn't be applied to broadband Internet service providers. The FCC had already indicated that these companies are not common carriers and thus not subject to regulation. (See Bye Bye Net Neutrality?)

That sets up the possibility of the FCC reclassifying the broadband ISPs as common carriers -- a process that would be lengthy and hard-fought on all sides -- or appealing the ruling and arguing that Net Neutrality regulations aren't common carrier rules.

The Washington Post reported that Judge David Tatel of the US Court of Appeals for the District of Columbia, who wrote the opinion, noted that the Communications Act prohibits the FCC from regulating companies that it says are not common carriers.

Wheeler responded to the ruling almost immediately by saying the FCC is keeping its options open and could appeal. "I am committed to maintaining our networks as engines for economic growth, test beds for innovative services and products, and channels for all forms of speech protected by the First Amendment." (See Wheeler Walks Line on Net Neutrality.)

The reactions of the two Republican commissioners seemed to indicate little interest in more court action. Commissioner Ajit Pai said the latest ruling was a sign that the agency should "take no for an answer." Commissioner Mike O'Reilly said the FCC should stop looking to impose "prophylactic regulations" and focus on removing obstacles to broadband investment and innovation.

Other reactions went along the expected lines. Verizon Communications Inc. (NYSE: VZ), which brought the court challenge, applauded the decision but said it will not impact consumers' ability to access content via the Internet. In its reaction, the National Cable & Telecommunications Association (NCTA) also pledged its commitment to an open Internet.

Consumer groups such as Public Knowledge expressed alarm at the ruling and its potential for allowing large ISPs to control access to the Internet and harm innovation. Harold Feld, senior vice president for Public Knowledge, said in a press release that the ruling could impair the FCC's ability to manage regulations in the transition to an all-IP network. However, he also said the court left the door open for the FCC to "craft open Internet protection [regulations] that are not full fledged common carrier rules. Alternatively, if the FCC needs broader authority it can classify broadband as a title 2 common carrier service."

— Carol Wilson, Editor-at-Large, Light Reading

(23)  | 
Comment  | 
Print  | 
Newest First  |  Oldest First  |  Threaded View        ADD A COMMENT
Page 1 / 3   >   >>
geekhole
50%
50%
geekhole,
User Rank: Light Beer
1/15/2014 | 1:52:32 PM
Best Effort vs. Differentiated Services...
To build wider highways where all drivers share the same experience or to add toll roads next to the highways for the tractor trailers who don't want to wait in traffic, that is the question. 
brookseven
50%
50%
brookseven,
User Rank: Light Sabre
1/15/2014 | 10:54:47 AM
Re: Might be Over
Carol,

I am a dreamer....don't harsh my buzz! :)

seven

PS - I have lobbied and testified at the FCC so I know better.
Carol Wilson
50%
50%
Carol Wilson,
User Rank: Blogger
1/15/2014 | 10:53:36 AM
Re: Might be Over
Very well said, Seven. 

I agree with what you are saying about structural separation - and the Pronto reference made me nostalgic. 

But can you see today's FCC creating this regime, because I can't. The lobbying power of the big carriers is too strong and they would never let this happen. 
brookseven
50%
50%
brookseven,
User Rank: Light Sabre
1/15/2014 | 10:50:36 AM
Re: Might be Over
Carol,

Yes, I believe SS is impossible.  That is why I advocate for making Broadband Access a Universal Service.  I would not change the rules around IP transit but make sure that people understood that if things get unfair I am going common carrier on them.

So once I got folks Universal Broadband Service,  I would do it with escalating minimum data rate capability.  Essentially I would force people to deploy fiber.

It is one reason I think language is important.  ISP service is NOT Access Service.  Even today you can get (for regular DSL) UNE-L.  I would make the ongoing waiver of UNE-L supported by this Universal Service investment.

The one thing that I would go for if I was the FCC is that the Access Network is a MOST a Layer 2 network.  The reason for this is that you could then do Pronto style unbundling to replace UNE-L as we get there.

So, what do I get as carrier?  You get to own your pipe...you get to deliver service.  If you invest in your network, you will get more business.  I think this notion that OTT players are taking money out of the carrier hands is a nice lobbying position.  So let's go back to static web pages and email.  People drop the size of their BB Access pipes and the carriers/MSOs lose a huge chunk of revenue.  Essentially, all the Access Providers should bend at the knee of Netflix and Youtube and thank them for all the revenue they bring.

seven

 
KBode
50%
50%
KBode,
User Rank: Light Sabre
1/15/2014 | 10:16:22 AM
Re: Might be Over
Yes, I think the discussion has gotten so incredibly convoluted over the last few years that perhaps what is needed most is a pure example of just what happens if these rules don't exist or there's no regulators with the authority to police anti-competitive behavior against content and services.

Though I worry that you could elininate ALL regulators and regulations from the market, see prices skyrocket 300%, see non-ISP services blocked and hindered, and you'd still see rhetoric claiming that we were living in a telecom Utopia from many corners.
Carol Wilson
50%
50%
Carol Wilson,
User Rank: Blogger
1/15/2014 | 10:13:20 AM
Re: Might be Over
Two responses:

Seven, structural separation has been the most intruiguing option for some time now. Real implementations have been rare and not successful and I doubt it will ever happen on a large scale, as do you, I suspect. 

KBode, it will be interesting to see how long the companies who battled NN for so long can go without confirming the worst fears of those who sought NN. I share your honest curiousity for how this plays out. 
KBode
50%
50%
KBode,
User Rank: Light Sabre
1/15/2014 | 10:02:18 AM
Might be Over
Lost is the fact that these rules never really did all that much to begin with. They were based largely on proposed rules created by Verizon and Google, didn't really cover the anti-competitive implementation of usage caps, and certainly didn't protect consumers from abuses on wireless networks.

As I see it Wheeler can either buck his lobbyist history and reclassify carriers under Title II, or we can look forward to seeing ISPs unleash their version of "innovation" on the market under layers of new concepts solely focused on jacking up quarterly revenues with new and expensive pricing layers.

Neutrality opponents have long argued nothing would go wrong with no rules or a strong regulatory presence in place, and I'm honestly now quite curious to see them get to test their theory.
spc_isdnip
50%
50%
spc_isdnip,
User Rank: Lightning
1/15/2014 | 7:32:01 AM
Re: Impact on IP network rules and regs
Well, Seven, I certainly think structural separation would be a good idea, and have advocated for it consistently.  But I do think that ISPs generally still ban spamming, even if it technically complies.  Remember Spamford Wallace?  He never got to set up his spam-friendly ISP because it would have been denied transit.  There are acceptable bulk emails, the type sent to existin cusotmer relationships by companies like Constant Contact.  But then there is pure spam, which is legal if it has a PO Box footer which techically removes the recipient from *that* specific mailing six weeks after the fact (making it useless) if the recipient sends postal mail to that box.  Its a joke.

But more importantly, bulk video uploading can cause real harm too, since there is highly constrained upsteram capacity on cable networks, and that's what Comcast was trying to solve in 2005 (a bit ham-handedly, perhaps) when Vuze, a pR0n distributor building a rogue CDN out of its clients running on home PCs, got Kevin Martin on their side to attack Comcast and start the NN fight at the FCC.
brookseven
50%
50%
brookseven,
User Rank: Light Sabre
1/15/2014 | 12:04:41 AM
Re: Impact on IP network rules and regs
I ran the Message Security (read Spam Filtering) service for Edgewave.  We had about 200 Internet Service Providers as customers.  So, I think you are all using words so loosely we are bound to argue.

If you are on an running Gmail over an Sonic.net service you actually have 3 service providers:

1 - AT&T (via UNE-L) is you local access line owner

2 - Sonic is both your Broadband Access Provider (or Access Service Provider) as well as your Internet Service Provider.

3 - Google is your Mail Service Provider.

In this case, Google will do Spam filtering via its former Postini Mail filter.  By the way, they do inbound mail filtering only and do NOT filter outbound mail.  Neither Sonic in either of its roles nor AT&T is doing any filtering.

On top of that, we are always talking past each other about the word SPAM.  I do not know of any ISPs that block the transmission of CAN-SPAM compliant emails that do not have any malicious components.  I will add that we allowed users (if the ISP wanted to allow them to do this) to block what we classified as "BULK" emails. We did block emails that had malicious components within them either by putting them in the Spam Folder or by actually blocking them

Let me also say that Outbound Filtering is not the norm for SPAM filters.  Only some filters actually work on the Outbound Stream.  ISPs do need to monitor their reputation and deploy Outbound filters (and Edgewave had them).

I agree with some few exceptions that pure blacklisting is a poor way to block SPAM and will become OBE with IPv6.

To recap - Mail Service Providers (MSP) provide Spam Filtering.  It is essentially a feature that is expected by users.  Some MSPs allow end users to configure their Spam Filtering actions based on mail classification.  The Internet Part of this does no filtering.  

I also think this language confusion exists in the lower conversation about network investment.  Nobody cares about ISP investment.  Everybody cares about ASP investment.  Maybe we should talk about structural separation again.

seven

 
spc_isdnip
50%
50%
spc_isdnip,
User Rank: Lightning
1/14/2014 | 10:24:10 PM
Re: Impact on IP network rules and regs
I'm talking about blacklisting and "mutually assured destrution", not mail-conntet filtering, which should generally be an end user task.  An ISP will block another one that permits spam or sells "pink contracts" to spammers, and an ISP will block an ISP who provides transit to such an ISP.  They don't just block the spam but the whole ISP, which is why spammers rely on pwned machines and don't just put servers in carrier hotels.  Since this policy has been around for a long time, people don't even know it exists, since no ISP wants the equivalent of capital punishment for permiting spam.  But strict neutrality rules would overturn that, since the yes-you-CAN SPAM act makes spam legal.
Page 1 / 3   >   >>
From The Founder
Cisco's Conrad Clemson, recently promoted to head up the company's Service Provider Apps & Platforms developments, talks to Light Reading's Founder and CEO Steve Saunders about how he's bringing cloud video, mobile and virtualization together to empower network operators.
Flash Poll
Live Streaming Video
Charting the CSP's Future
Six different communications service providers join to debate their visions of the future CSP, following a landmark presentation from AT&T on its massive virtualization efforts and a look back on where the telecom industry has been and where it's going from two industry veterans.
LRTV Custom TV
4.5G Evolution: Peter Zhou on Advanced MIMO Technologies & 5G Business Prep

2|25|17   |     |   (0) comments


In the process of service transformation, operators need to catch three major opportunities and start deploying in 4.5G networks, such as video, household broadband access and digital transformation of vertical industries. 5G is coming. Operators don't need to wait for it to happen but should progressively deploy 4.5G networks by introducing 5G-oriented ...
LRTV Custom TV
What WTTX Can Deliver

2|23|17   |     |   (0) comments


Mohamed Madkour explains the benefits of WTTX while Dimitris Mavrakis discusses the challenges of delivering home broadband access.
LRTV Custom TV
Huawei on Mobile Broadband

2|23|17   |     |   (0) comments


Mohamed Madkour shares his vision on MBB for the next three years.
LRTV Custom TV
Analysys Mason Talks About the Future of Digital Operations

2|23|17   |     |   (0) comments


The future of digital operations has three key aspects: 1. Highly automated operations for both service and network; 2. Highly converged BSS/OSS for business and resources; 3. Highly merged management and control for real-time cloud native operations.
LRTV Interviews
Software Trends in the Telecom Sector

2|23|17   |   03:40   |   (0) comments


Heavy Reading senior analyst James Crawshaw talks with Telecoms.com Editorial Director Scott Bicheno about trends and developments in the telecoms software sector and what to expect at MWC 2017.
LRTV Custom TV
Huawei's Pre-MWC Analyst Briefing 2017 Highlights

2|22|17   |     |   (0) comments


Huawei shares its vision for this year's MWC.
LRTV Interviews
MWC17: 5G, Cloud RAN & More

2|21|17   |   04:35   |   (0) comments


Ovum Senior Analyst Julian Bright talks to Scott Bicheno from Telecoms.com about all things MWC, including Cloud RAN, Huawei's pitch to the industry and the road to 5G.
LRTV Interviews
MWC 2017's Key 2-Letter Terms

2|20|17   |   08:29   |   (1) comment


5G, AI, VR... these are just some of the two-letter terms that will dominate show-floor chat at MWC 2017 in Barcelona, according to these two blow-hards (a.k.a. Scott Bicheno of Telecoms.com and Light Reading's Ray Le Maistre). And then there's PB...
LRTV Interviews
Key Trends for Mobile Operators in Developing Markets

2|20|17   |   06:37   |   (0) comments


Ovum's Matthew Reed talks to Scott Bicheno from Telecoms.com about the challenges and opportunities facing mobile operators in the developing markets of Africa and the Middle East.
LRTV Documentaries
YouTube Takes on Facebook Live-Streaming

2|17|17   |     |   (0) comments


Popular 'YouTubers' will be the first to get the new service on their smartphones. You have been warned.
LRTV Custom TV
Open Source NFV/SDN Automation

2|17|17   |   05:54   |   (0) comments


AT&T ECOMP (Enhanced Control, Orchestration, Management and Policy) code is transitioning into the Linux Foundation for placement into open source. In this video, Carol Wilson provides an update on the maturation of open source ECOMP and meets with industry leaders from AT&T, Bell Canada, Orange, Linux Foundation and Amdocs to discuss what this means for the ...
LRTV Documentaries
Uber & NASA Collaborate on Flying Car Project

2|16|17   |     |   (0) comments


Is Uber for real? Well, it's hired NASA engineer Mark Moore to lead the project, and he wouldn't come cheap.
Upcoming Live Events
March 21-22, 2017, The Curtis Hotel, Denver, CO
March 22, 2017, The Curtis Hotel, Denver, CO
March 22, 2017, The Curtis Hotel, Denver, CO
May 15-17, 2017, Austin Convention Center, Austin, TX
May 15, 2017, Austin Convention Center - Austin, TX
June 6, 2017, The Joule Hotel, Dallas, TX
All Upcoming Live Events
Infographics
With the mobile ecosystem becoming increasingly vulnerable to security threats, AdaptiveMobile has laid out some of the key considerations for the wireless community.
Hot Topics
Uber's HR Nightmare: Company Investigates Sexual Harassment Claims
Sarah Thomas, Director, Women in Comms, 2/21/2017
Broadband Has a Problem on the Pole
Mari Silbey, Senior Editor, Cable/Video, 2/21/2017
Verizon to Start Fixed 5G Customer Trials in April
Dan Jones, Mobile Editor, 2/22/2017
Cloud Rains on HPE Earnings
Mitch Wagner, Editor, Enterprise Cloud, 2/24/2017
Verizon Fixed 5G Tests to Top 3Gbit/s?
Dan Jones, Mobile Editor, 2/23/2017
Like Us on Facebook
Twitter Feed
BETWEEN THE CEOs - Executive Interviews
Light Reading founder and CEO Steve Saunders chats with Sportlogiq CEO Craig Buntin about sports data analysis.
Eyal Waldman, CEO of Mellanox Technologies, speaks to Steve Saunders, CEO of Light Reading, for an exclusive interview about the 100 GB cable challenge, cybersecurity and much more.
Animals with Phones
No One Likes This Click Here
Take a hint!
Live Digital Audio

Playing it safe can only get you so far. Sometimes the biggest bets have the biggest payouts, and that is true in your career as well. For this radio show, Caroline Chan, general manager of the 5G Infrastructure Division of the Network Platform Group at Intel, will share her own personal story of how she successfully took big bets to build a successful career, as well as offer advice on how you can do the same. We’ll cover everything from how to overcome fear and manage risk, how to be prepared for where technology is going in the future and how to structure your career in a way to ensure you keep progressing. Chan, a seasoned telecom veteran and effective risk taker herself, will also leave plenty of time to answer all your questions live on the air.