FCC’s coming Net Neutrality rules could force operators’ hands
By Will Park on Monday, September 21st, 2009 at 9:56 AM PST In Announcements, FCC
With all the bruhaha surrounding the FCC’s investigation into Apple (NSDQ: AAPL)’s alleged rejection of Google (NSDQ: GOOG)’s Google Voice iPhone app, it’s refreshing to hear that FCC Chief Julius Genachowski is planning to propose new rules that may prevent network operators from discriminating against certain data traffic. If passed, the new regulations would make it illegal to block certain types of data traffic from traversing carriers’ networks and be up front about their network management policies – it could one day force wireless carriers in the US to open their networks to any and all mobile applications.
Straight from Genachowski’s post:
I believe we must choose to safeguard the openness that has made the Internet a stunning success. That is why today, I delivered a speech announcing that the FCC will be the smart cop on the beat when it comes to preserving a free and open Internet.
In particular, I proposed that the FCC adopt two new rules to help achieve this.
The first says broadband providers cannot discriminate against particular Internet content or applications. The second says broadband providers must be transparent about their network management practices. These principles would apply to the Internet however it is accessed, though how they apply may differ depending on the access platform or technology used. Of course, network operators will be permitted to implement reasonable network management practices to address issues such as spam, address copyright infringement, and otherwise ensure a safe and secure network for all users.
It still isn’t clear how the new regulations could affect mobile phone makers like Apple. Google recently un-redacted their response to the FCC’s inquiry into the Google and Apple’s handling of Google Voice for the AppStore. The comment calls Apple out for rejecting the Google Voice iPhone app, contradicting Apple’s own claim that the app is still being considered for the AppStore. At the heart of the issue is the reason behind the banning of iPhone apps like Google Voice and VoIP-based services from the AppStore. Unfortunately, because Apple isn’t a wireless carrier or any sort of telecom operator, Apple (as well as other manufacturers) may lie outside the FCC’s jurisdiction.
Regardless, the FCC’s renewed push to protect internet access and net neutrality rules is a good move. The commission is expected to hash out what kinds of data traffic management are and are not acceptable under the new guidelines. The FCC is also “seeking to ensure” healthy competition in the US wireless market.
Read more on the White House blog here.
[Via: WashingtonPost]
This is an important issue and it’s good to see that the new Chairman has moved to put Net Neutrality on the front burner of communications policy. His vision of an open Internet that preserves the “freedom to innovate without permission” is one that our organization, the Center for Democracy & Technology, shares; it’s an idea believe all Internet users and innovators should vigorously support. The move to expand the basic Internet principles the agency laid out in 2005 by to include nondiscrimination and transparency addressed two areas where we thought the original principles fell short.
Ideally, the launch of FCC proceedings would prompt Congress to take up the matter too. CDT has long said that FCC activity on Internet neutrality would benefit from clear congressional guidance, authorization, and limits, so that the FCC’s task and regulatory authority are not open-ended. You can read more about our thoughts on this by looking at our more inclusive comments we submitted to the FCC on its overall Broadband Plan. http://www.cdt.org/speech/20090608_broadband_comments.pdf