FCC’s New New Net Neutrality Compromise Is Better

The Federal Communications Commission will adopt a network neutrality order on Dec 21, but it will not publish the full text of those rules until a few days after its open meeting. Here's a preview.

The proposal has been tweaked since outlined by FCC Chairman Julius Genachowski three weeks ago. The rules will make the distinction that broadband is an access service as opposed to an information service. This is a subtle distinction, presumably designed to keep the FCC clear that it’s trying to regulate access to the web as opposed to the web itself. The FCC also will endeavor to apply that same standard — that broadband is the service that allows someone to go wherever they want on the web — to future forms of access. By regulating the access, the FCC hopes to address loopholes in the wireline net neutrality rules that will prevent Internet service providers from using their own managed services offered to subscribers to circumvent the idea of an open Internet. It’s also where the FCC will address issues of paid prioritization where an ISP might charge companies like Google for faster delivery of its content to the ISP’s end subscribers. Other protections in the order are a “robust transparency requirements for wireline and wireless networks,” and a rule preventing both wireless and wireline carriers from blocking websites. On the wireless side, the focus will be on preventing mobile operators from blocking services that compete with their own voice or video services, while the wireline rules seek to prevent the blocking of all lawful content. There will be a prohibition against “unreasonable discrimination” on wireline networks as well.

And since rules are only as good as their enforcement, the FCC is proposing that complaints on network neutrality issues will go through a faster decision-making period it calls the “Rocket Docket.” Complaints that are allowed to go through this process and be decided in 105 to 130 days after being accepted. The FCC will also have the power to set fines and order parties to stop violations of these rules.