Net Neutrality

Wheeler: We'll Enforce Title II 'Case-By-Case'

BARCELONA -- Mobile World Congress -- Ever since the FCC decided to reclassify US broadband service as a Title II telecom service over both fixed broadband lines and mobile networks, the question that both supporters and dissenters have been asking is, how will this historic move be carried out?

Federal Communications Commission (FCC) Chairman Tom Wheeler used his keynote address, an interview with GSM Association (GSMA) Director General Anne Bouverot, to defend the Commission's controversial decision. Asked how it would play out in different scenarios, Wheeler said it would be on a case-by-case basis guided not by a regulatory structure, but by a "referee with a yard stick."

"There needs to be a referee with a yard stick -- or meter stick, here -- that says, wait a minute, is that unreasonable?... That's the structure we put in place," he said. "It's not a regulatory structure, but a structure to say, 'Do we have a set of rules that says activities are just and reasonable and someone can throw the flag if it is not.' "

Read up on last week's net neutrality ruling, starting with "The Title II Ruling: A 'Wow' Moment" here on Light Reading.

Without shedding much additional light, Wheeler reiterated that the new rules don't thwart innovation, but only outline four stipulations: no traffic blocking, no throttling, no paid prioritization and transparency. Overarching it all is, he said, is "what is just and reasonable?" The FCC will assess this based on a "long established theory of what it means" and, again, on a case-by-case basis.

Bouverot threw out one such example, noting that in other regions like Latin America and India, governments or social enterprises want to offer sponsored services free to consumers. She asked if this would be allowed under the new rules, a question that Wheeler largely dodged.

"What's the impact on consumers, edge providers and public interest that gets served? There are no broad stroke regulations on how you will do it," he said, adding that there are only those four regulations plus the yard stick.

Wheeler also pointed out that Sprint Corp. (NYSE: S), T-Mobile US Inc. , Google Fiber Inc. and a number of smaller operators said they could innovate under the new regulations. And Verizon Communications Inc. (NYSE: VZ), which has had a very public problem with the rules, paid $4.5 billion in the recent C-block auction, knowing one of the terms was it had to abide by the new Open Internet order. That, he said, is evidence the world believes it's possible to have an open Internet without tariffing and to build a competitive network without tariffing. (See Sprint CTO Blesses a Light Touch of Title II.)

"Let's be clear: This is no more regulating the Internet than the First Amendment regulates free speech in our country," he asserted, repeating an argument he made right before the FCC's vote last Thursday.

Related posts

  • The Title II Ruling: A 'Wow' Moment
  • Internet Pioneers Decry Title II Rules
  • FCC Adopts Title II Rules
  • FCC Vote Shows Net Neutrality Strains
  • US Telecom: FCC's Move Has Global Implications
  • FCC Clears Way for Muni Network Expansion

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    cnwedit 3/3/2015 | 2:19:53 PM
    So the rules with change as the yard stick changes? This sound rather squishy. If the next FCC has a different yard stick than the current FCC, and it could regardless of whether the next administration is Republican or Democrat, then the enforcement changes?

    Yeah, that doesn't create any kind of permanent regulatory uncertainty, no sir. 
    craigleddy 3/3/2015 | 2:38:24 PM
    Re: So the rules with change as the yard stick changes? So is the yard stick used to measure things or rap people on the knuckles??

    sarahthomas1011 3/3/2015 | 3:06:06 PM
    Re: So the rules with change as the yard stick changes? Yeah, the whole presentation was vague and defensive. Probably not the smartest idea to address a room full of telcos a few days after the ruling was delivered either. I think a lot of people in the room had a few ideas where he could put his yard stick...
    mendyk 3/3/2015 | 4:56:16 PM
    Re: So the rules with change as the yard stick changes? But ... a yardstick is always exactly the same length. Unless it's been rigged. The whole analogy stands up like a soggy noodle of indeterminate length. Can Mr. Wheeler blame jet lag for this?
    KBode 3/3/2015 | 5:20:44 PM
    Re: So the rules with change as the yard stick changes? Of course we'll have to see what the rules actually say, but I get every impression that you'd have to engage in some pretty heavy-handed anti-consumer behavior to get the FCC to clamp down. I see no evidence from Wheeler's ongoing comments that he's going to do anything about things like zero rated apps, or use many of the more utility-style regulations to impose price controls. 
    brooks7 3/3/2015 | 5:44:01 PM
    Re: So the rules with change as the yard stick changes? So essentially the only rule that seems to matter at the moment is the lack of traffic prioritization.



    KBode 3/3/2015 | 6:14:16 PM
    Re: So the rules with change as the yard stick changes? Even that one I'm guessing won't ban anything but the ugliest anti-competitive behavior.
    brooks7 3/3/2015 | 7:00:41 PM
    Re: So the rules with change as the yard stick changes? The following is Humor....

    Press Release done in Morse Code...translates to...

    "We here at Verizon have decided to ignore Title II for the Internet.  Given that it will be enforced only on a willy nilly basis, it no longer meets the standard for rules of an agency of the Federal Government.  Therefore, any rule that is not universally enforced can not stand.  Thus, it is illegal and we are therefore proceeding with a citizen's arrest of all employees of the FCC.  They will be turned over to the CIA at Guantanamo Bay."



    toddgiffen 3/4/2015 | 8:01:40 AM
    yay fcc So this means that like telephone access, internet is basically a right and they cannot block anyone's access to the internet .. Not to specific sites, and not for "copyright infringement" or other BS. Thanks Barack Obama and Tom Wheeler for finally doing the FCC's job which has been seriously lacking over the years, probably due to republican oversight and sabotage. www.obamasweapon.com
    brooks7 3/4/2015 | 9:22:30 AM
    Re: yay fcc Actually, the non-blocking thing was already in effect.  And Internet is not a right.  No provider is required to offer it.


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