September 2014

Apparently, the Federal Communications Commission is working on a proposal that would define an online video provider (OVD) that delivers a linear stream of programming as an multichannel video programming distributor (MVPD), similar to a cable or satellite operator. That means the OVD would have access to content through the FCC's program access rules, but also have to negotiate retransmission-consent with broadcasters. The idea is that over-the top providers would have an FCC-enforced access to vertically integrated programming. The proposal reportedly asks what other MVPD rights and responsibilities beyond access and retransmission carriage should extend to over-the-top providers.

Federal Trade Commission member Maureen Ohlhausen is warning that consumers will be hurt if the Federal Communications Commission pushes for strong network neutrality protections under Title II of the Communications Act. It's the second time in as many weeks that the FTC has complained about the possible loss of authority under the FCC's net neutrality rules.

Commissioner Maureen Ohlhausen said that despite the "possibility" that Internet service providers would abuse their ability to control access to consumers, reclassifying broadband under Title II would put ISPs beyond the legal reach of the FTC, one of the nation's technology regulators. "If an entity is a common carrier providing common carrier services, we can't bring actions against them," said Commissioner Ohlhausen. "If broadband service is reclassified as a common carrier service under Title II, I think that would seriously call into question the ability of the FTC to bring those kinds of actions. So my concern is really not so much for the FTC, but for the loss to consumers -- that they would lose out from having the FTC's active oversight." Title II would give the FCC the latitude to regulate broadband providers in the same manner that it regulates telephone companies -- a step that many net neutrality advocates say is necessary for protecting a level playing field for startups and small businesses online. Opponents say Title II can't accomplish what advocates want it to, and they've proposed lighter-touch regulations in response.

The Federal Communications Commission’s Wireline Competition Bureau releases the application form for the rural broadband experiments, FCC Form 5610, and provides additional information to assist potential applicants in completing the application form. The Bureau also announces that a brief delay in the timing of the applications for rural broadband experiments in order to complete testing of the electronic submission system.

AT&T began offering “double the data for the same price” to new customers and existing customers who sign new contracts, apparently forgetting that its network is so congested that speeds must be throttled when people use too much data. Like other carriers, AT&T slows the speeds of certain users when the network is congested. Such network management is a necessary evil that can benefit the majority of customers when used to ensure that everyone can connect to the network. But as Federal Communications Commission Chairman Tom Wheeler has argued, the carriers’ selective enforcement of throttling shows that it can also be used to boost revenue by pushing subscribers onto pricier plans.