FCC Seeks Public Input on Draft Rules to Preserve the Free and Open Internet

The Federal Communications Commission is seeking public input on draft rules that would codify and supplement existing Internet openness principles.

Comments are due on Thursday, January 14. Reply comments are due on Friday, March 5.

Under the draft proposed rules, subject to reasonable network management, a provider of broadband Internet access service:

1. would not be allowed to prevent any of its users from sending or receiving the lawful content of the user's choice over the Internet;

2. would not be allowed to prevent any of its users from running the lawful applications or using the lawful services of the user's choice;

3. would not be allowed to prevent any of its users from connecting to and using on its network the user's choice of lawful devices that do not harm the network;

4. would not be allowed to deprive any of its users of the user's entitlement to competition among network providers, application providers, service providers, and content providers;

5. would be required to treat lawful content, applications, and services in a nondiscriminatory manner; and

6. would be required to disclose such information concerning network management and other practices as is reasonably required for users and content, application, and service providers to enjoy the protections specified in this rulemaking.

The draft rules make clear that providers would also be permitted to address harmful traffic and traffic unwanted by users, such as spam, and prevent both the transfer of unlawful content, such as child pornography, and the unlawful transfer of content, such as a transfer that would infringe copyright. Further, nothing in the draft rules supersedes any obligation a broadband Internet access service provider may have -- or limits its ability -- to deliver emergency communications, or to address the needs of law enforcement, public safety, or national or homeland security authorities, consistent with applicable law.

The Commission is also seeking comment on how it should address "managed" or "specialized" services, which are Internet-Protocol-based offerings provided over the same networks used for broadband Internet access services.

Statements:

FCC Chairman Genachowski
"Given the importance of the Internet, it should come as no surprise that over the past years, the Commission has considered the question of how to safeguard the free and open Internet in more than 10 different proceedings, building a record of over 100,000 pages of comments, submitted by approximately 40,000 companies, organizations, and members of the public.... Now it's time to take the next step growing out of the record and the Commission's experience—launching a process to craft reasonable and enforceable rules of the road to preserve a free and open internet. Because, let's be honest, the Commission's actions, laudable in so many respects, have left the protection of the free and open Internet unnecessarily vulnerable and uncertain."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294159A2.doc

Commissioner Copps:
"I have advocated long and hard for the Commission to establish a mechanism to ensure that consumers have continued access to a vibrant, open Internet—an Internet that was born on openness, thrived on openness, and depends on openness to realize its going-forward potential. This Commission will act, I predict, to maintain that openness. We need rules-of-the-road to make that happen. We need expert judgment to evaluate any and all allegations that the freedom of the Internet is being compromised. And we need a venue with authority to redress such wrongs if, indeed, such wrongs are found. I stated my preference for clear-cut rules, including a fifth principle of non-discrimination, at the time we adopted the Four Principles of the Internet Policy Statement. Now, four years later—having gained a lot more knowledge and some practical experience in applying the principles of Internet openness—we finally step up to the critical challenge of developing meaningful, predictable, transparent and clearly enforceable rules of the road. And we propose a sixth rule of transparency. Users have a right to know how the network is being managed and what practices providers are employing. This sixth rule of transparency is not just good policy—it is essential policy."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294159A3.doc

Commissioner McDowell:
"Some questions that I hope get addressed in the record are: Is the Commission suggesting today that the government draw a bright line of distinction between networks and applications in an effort to justify regulation in this space? If so, should not the Commission refine its view because networks and applications are converging faster than regulators can measure? Otherwise, would the Commission not be favoring one market player over another absent evidence of an abuse of market power? For example, Cisco builds Internet routers that contain over 28.1 million lines of code. How are we to ascertain whether each line of code offers a pure operating system function or some other application that adds value? Should that be the Commission's role? Can we make such determinations efficiently? Do we even have the statutory authority to do any of this? These thorny questions abound, and I strongly encourage commenters to fill the record with solid facts and legal theories to substantiate their points of view."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294159A4.doc

Commissioner Clyburn:
"An open Internet is, perhaps as much as anything else, "the great equalizer." It allows people with innovative ideas to succeed on the merit of those ideas. It also provides a voice to those who often are not afforded one. Smaller businesses can compete despite not being firmly established or well financed on day one. The quality of the product or opinion stands for itself, and consumers are the ultimate arbiters of which businesses thrive at the end of the day. To me, that is what this proceeding is all about: preventing barriers to entry and ensuring that Americans have access to the best and most useful information and services. And that is why I am pleased to support this item. I believe that preserving an open Internet is essential, not only to safeguard everything that the Internet does for us today, but also to help address current challenges, such as the digital divide."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294159A5.doc

Commissioner Baker:
"I dissent in part today because, as a threshold matter, I am not convinced that there is a sufficient record to establish that a problem exists that should be addressed by Commission rules. As I have said previously, we should not adopt regulations to address anecdotes where there is no fact-based evidence that persuasively demonstrates the presence of a problem. My concerns about the need to regulate are heightened in several of the areas that are covered by the item before us today."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-294159A6.doc

Chairmen Rockefeller and Waxman Statement on FCC Open Internet Rulemaking
"Today, the Federal Communications Commission adopted a Notice of Proposed Rulemaking concerning the establishment of rules designed to preserve and protect the open nature of the Internet. We have each, in the past, voiced our support for policies that protect consumers and promote an open Internet. Our positions have not changed. We write to support your efforts to conduct this rulemaking in an open and transparent manner that is fair to all parties. We expect that the Commission will make every effort to consider all voices prior to voting on final rules. We believe this issue deserves nothing less from the Commission, and we look forward to working with you and your staff as this process goes forward."
http://commerce.senate.gov/public/index.cfm?FuseAction=PressReleases.Det...

Sens Dorgan (D-ND) and Snowe (R-Maine) Commend FCC
"Network neutrality protects the fundamental rights of Americans in using the Internet and accessing content, applications, and services of their choice. A well-reasoned network neutrality policy also ensures a level playing field for companies large and small as they create an online presence, and will continue to foster the entrepreneurial innovation found not only in corporate office suites, but in college dorms across the country."
http://dorgan.senate.gov/newsroom/record.cfm?id=319221

Congresswoman Donna F. Edwards Applauds FCC's Decision to Seek Public Opinion on Preserving a Free & Open Internet
"I commend the Federal Communications Commission on taking the next step towards ensuring a free and open Internet for everyone. Opening the process to the public will provide all interested parties an opportunity to express their views to the FCC on how to guarantee that the Internet remain the greatest open medium for information and commerce in our history. Strong network neutrality protections are critical to guarantee online freedom for minority, rural, and other entrepreneurs to develop their businesses and reach new consumers, thereby contributing to overall economic growth. These protections will spur infrastructure expansion, helping to bring Internet access to consumers and rural, urban, and under-served communities across the country."
http://donnaedwards.house.gov/index.cfm?sectionid=24&parentid=23&section...

Future of Music Coalition Statement of FCC Draft Principles for Network Neutrality
"Although we're only beginning to get a sense of what a legitimate digital music marketplace looks like, we're encouraged by the ever-increasing variety of licensed services and the amazing and innovative ways artists are using the internet to connect with fans. By undertaking these public proceedings, the Commission's leadership is helping to guarantee that the internet continues to be a place where creativity and commerce can flourish."
http://futureofmusic.org/press/press-releases/future-music-coalition-sta...

Public Knowledge Praises FCC Action on Net Neutrality
"It is clear to us that at the end of the proceeding, consumers and innovators will benefit from an open and non-discriminatory Internet. As a result, the economy will benefit in the future, as it did in the past, from the stability of an Internet that grants equal opportunity to all to participate in an open Internet environment. We particularly want to commend the members of the FCC for acting on this notice after enduring one of the most brutal assaults on the Commission in recent memory. Even within that environment, there is clear evidence that consensus is evolving. As we have seen from the statements of leading industry representatives in recent days, the differences between our positions are narrowing, a welcome development for all."
http://www.publicknowledge.org/node/2715

Free Press Welcomes Progress on Net Neutrality
"After years of hard work, we are pleased that the FCC has begun this crucially important rulemaking on Network Neutrality. A well-crafted Net Neutrality rule can ensure that the open Internet continues to serve as a great force for economic innovation and democratic participation for all Americans. Today's vote is an important step toward securing the open Internet and a victory for the public interest and civil rights organizations, small businesses, Internet innovators, political leaders, and millions of people who have fought to get to this point."
http://www.freepress.net/node/73792