Last updated: September 26, 2011 - 8:37am
The Federal Communications Commission's new network neutrality/Open Internet rules set to take effect in November strike a balance. They generally allow providers to ration access to their networks, but prevent them from blocking or discriminating against content that competes with their own services. The FCC would be able to fine Internet companies that slow down service for “heavy use” customers.
The rules are slightly different for fixed and mobile networks. Providers of fixed broadband can't block lawful content or services, or discriminate any network traffic. That means they can't deliberately slow down traffic for heavy Internet users. Mobile networks can still discriminate against certain apps, but can't block lawful websites or block applications that compete with their own services. And the new rules call for greater transparency from both fixed and mobile providers: the FCC says all broadband providers have to “disclose the network management practices, performance characteristics, and commercial terms of their broadband services.” Once the new rules were made public, however they became vulnerable to legal action. Verizon and MetroPCS have each already tried a lawsuit: they sued the FCC shortly after the rules were passed in late December, arguing that the government had overstepped its bounds in setting these regulations. Those lawsuits were put on hold, but once the rules are public they can resume again, along with additional challenges. It may fall to a federal judge to determine the legality of net neutrality.
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