FCC to study need for Network Neutrality Regulation

FCC LAUNCHES INQUIRY INTO BROADBAND MARKET PRACTICES
[SOURCE: Federal Communications Commission]
The FCC began an inquiry to better understand the behavior of participants in the market for broadband services. The Notice of Inquiry seeks information on the behavior of broadband market participants, including: How broadband providers are managing Internet traffic on their networks today; Whether providers charge different prices for different speeds or capacities of service; Whether our policies should distinguish between content providers that charge end users for access to content and those that do not; and How consumers are affected by these practices. The Notice of Inquiry further seeks comment on whether the Commission's 2005 Internet Policy Statement should incorporate a new principle of nondiscrimination and, if so, how would "nondiscrimination" be defined, and how would such a principle read. FCC Chairman Kevin Martin said that the notice of inquiry will allow the FCC to collect evidence of abuses and information about business practices on the Internet for the public record. This data will foster a more informed debate, he said. Commissioners Michael Copps and Jonathan Adelstein said they supported the measure, but expressed disappointment in the FCC for not doing more. Commissioner Copps said stronger action is needed as the telecommunications market consolidates and market power is concentrated among only a few large players. He said the FCC should add another principle to its Internet policy statement that incorporates a new principle of nondiscrimination. "It is time for us to go beyond the original four principles and commit (the) industry and the FCC unequivocally to a specific principle of enforceable nondiscrimination, one that allows for reasonable network management but makes clear that broadband network providers will not be allowed to shackle the promise of the Internet in its adolescence," Copps said.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271687A1.doc

* FCC to study need for more Net neutrality regulation
http://news.com.com/FCC+to+study+need+for+more+Net+neutrality+regulation...

* FCC Opens Net Neutrality Inquiry to Public
http://www.broadcastingcable.com/article/CA6426877?title=Article&spacede...

* U.S. FCC to examine future of Internet access
http://today.reuters.com/news/newsarticle.aspx?type=technologyNews&story...

* FCC Inquiry to Focus On 'Network Neutrality'
http://online.wsj.com/article/SB117457543787745524.html?mod=todays_us_ma...

FCC Chairman Martin: "This inquiry will provide a convenient forum for various providers, including network and content providers, to tell us what is happening in the market and about their concerns. For example, we seek comment on how broadband providers are managing their Internet traffic, whether certain traffic is prioritized, and whether our policies should distinguish between content providers that charge end users for access to content and those that do not. Gathering this information will allow us to better monitor this market and determine the extent to which providers are acting consistently with our Internet Policy Statement. The Commission is ready, willing, and able to step in if necessary. We have the dual responsibilities of creating an environment that promotes infrastructure investment and broadband deployment and to ensure that consumers' access to content on the Internet is protected. We can best fulfill these responsibilities by being fully informed."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271687A2.doc

* Commissioner Copps:
"We live in a world where a very few concentrated broadband providers exercise powerful and not always consumer-friendly control over the pipes that come into our homes and businesses. While we welcome telephone companies and cable providers competing to sell high-speed services, FCC statistics show that together these duopoly operators control some 96 percent of the residential broadband market, with too many consumers lacking a choice even between those two providers. Wireless and broadband over powerline are exciting prospects, but the reality is we are nowhere near seeing the kind of ubiquitous third or fourth player necessary to turn broadband into a vibrantly competitive market."
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271687A3.doc

* Commissioner Adelstein:
The Inventor of the World Wide Web, Sir Tim Berners Lee, has said: “The Internet is increasingly becoming the dominant medium binding us. The neutral communications medium is essential to our society. It is the basis of a fair competitive market economy. It is the basis of democracy, by which a community should decide what to do. It is the basis of science, by which human kind should decide what it true.” His eloquent observation highlights precisely why it is so critical that we maintain the potential and promise that the Internet holds for enriching our economic and social well-being. I support this effort to open a proceeding because it is critical that the Commission focus a spotlight on this issue. Nevertheless, given the importance of Internet freedom, I would have preferred a more pro-active approach, including the adoption of a Notice of Proposed Rulemaking. This Commission must not send a signal that preserving the open character of the Internet is anything less than a top priority.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271687A4.doc

* Commissioner Tate:
The debate over broadband network practices has been percolating under several names in recent years – “net freedoms,” “connectivity principles,” “Internet policy,” and, of course, “net neutrality.” Whatever one chooses to call it, I prefer to try to view this issue from the perspective of consumers. The previous Commission did so in its Policy Statement and I hope it will continue to do so. While it remains important for us to understand the industry structure and the relationships between each of the different elements in the market, we must ensure that our policies promote, not deter, investment, innovation, and new entry in networks, products, and services that will help America remain competitive in the increasingly global economy.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271687A5.doc

* Commissioner McDowell:
I agree with my colleagues that we must remain vigilant against possible market failure or anti-competitive conduct that would hamper the full development of the Internet and related services being provided to consumers. But we also must resist the temptation to impose regulations that are based merely on theory.
http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-271687A6.doc

* Public Knowledge Disappointed with FCC Broadband Notice of Inquiry
Gigi Sohn: "While we welcome the FCC’s interest in maintaining an open Internet, we are disappointed that the Commission chose to issue a simple Notice of Inquiry. This bureaucratic process will delay by months if not years the crucial action needed to guarantee that consumers will always have access to an open and non-discriminatory Internet — assuming that it issues a proposed rule after evaluating the information it receives from the inquiry."
http://www.publicknowledge.org/node/881
* FCC Takes (Passive) Aggressive Action on Net Neutrality
http://www.publicknowledge.org/node/882