FCC chair exploring net neutrality enforcement options

[ProSense]

FCC chair exploring net neutrality enforcement options

by Joan McCarter

Federal Communications Commission Chairman Tom Wheeler indicated this week that he still intends to enforce net neutrality rules after a three-judge panel struck down the means the FCC was using to enforce it. Those rules required that internet service providers treat all web traffic equally. The court didn't strike down the concept of that rule, just how the FCC had chosen to do it, and hinted at more than one way that the FCC could change its enforcement. Wheeler, apparently, is leaning toward a case-by-case approach.

"The court took a look at the anti-discrimination and non-blocking structure," Wheeler said at a Washington conference Tuesday, "not the concepts. ... I interpret what the court did as an invitation to us, and I intend to accept that invitation." <...>

While the agency can't lay down a blanket rule prohibiting ISPs from abusing their power, it could go after offending companies on a case-by-case basis. This is exactly what Wheeler has in mind.

"We are not reticent to say, 'Excuse me, that's anti-competitive. Excuse me, that's self dealing. Excuse me, this is consumer abuse,'" said Wheeler on Tuesday. "I'm not smart enough to know what comes next [in innovation]. But I do think we are capable of saying, 'That's not right.' And there's no hesitation to do that."

That leaves ISPs in the position of playing the odds, essentially, over whether or not the FCC is going to go after them for any given violation. That's certainly not as strong as one of the other options the court made clear was available to the FCC: reclassifying ISPs to make broadband companies fit under the same classification as other telecommunications companies the FCC regulates without question.

As EFF persuasively argues, reclassification isn't the be-all and end-all solution in part because the FCC can be somewhat arbitrary from year to year in making and enforcing rules. What's really needed is actual legislation. But legislation isn't happening any time soon (because face it, this Congress isn't doing much of anything any time soon) and will be a huge pull for activists, given the industry's influence in Congress. At this point, the best hope for net neutrality is still the FCC reclassifying ISPs and using its blanket authority to enforce it.

http://www.dailykos.com/story/2014/01/29/1273479/-FCC-chair-exploring-net-neutrality-enforcement-nbsp-options

[Egnever]

1. Thanks

This sounds like a warning salvo.

I agree that what is really needed is legislation and not just when it comes to net neutrality but a whole host of tech issues including privacy. My big fear is that this congress largely does not understand the internet at all and legislation coming from them could be a very mixed bag.

[ProSense]

2. This Congress is useless

Maybe some of these moves will force them into action.

[Armstead]

3. Oh shit. Case by Case means IT's essentially over

The history of the last 30 years has shown how well that approach has worked.

The ISPS get a free ride from now on....All they have to do is wear a token fig leaf.

[freshwest]

4. Good news. Looks like he understands the INTENT of the FCC. No more Powell free market batshit!

[Agony]

5. reclassify ISP's now

quit nibbling at the edges.

[ProSense]

6. "this point, the best hope for net neutrality is still the FCC reclassifying ISPs"

from the OP.