Network Neutrality - Definitions of Network Neutrality - FCC Broadband Policy Statement

FCC Broadband Policy Statement

In 2005, the U.S. Federal Communications Commission (FCC) issued a Broadband Policy Statement (also known as the Internet Policy Statement), which lists four principles of open Internet, "To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to:"

• access the lawful Internet content of their choice.
• run applications and use services of their choice, subject to the needs of law enforcement.
• connect their choice of legal devices that do not harm the network.
• competition among network providers, application and service providers, and content providers.

These points are often summarized as "any lawful content, any lawful application, any lawful device, and any provider". President Barack Obama's American Recovery and Reinvestment Act of 2009 called for an investment of $7.2 billion in broadband infrastructure and included an openness stipulation. During the FCC's hearing, the National Cable & Telecommunications Association urged the FCC to adopt the four criteria laid out in its 2005 Internet Policy Statement as the requisite openness.

In 2008, when the FCC auctioned off the 700 MHz block of wireless spectrum in anticipation of the DTV transition, Google promised to enter a bid of $4.6 billion if the FCC required the winning licensee to adhere to four conditions:

• Open applications: Consumers should be able to download and utilize any software applications, content, or services they desire;
• Open devices: Consumers should be able to utilize a handheld communications device with whatever wireless network they prefer;
• Open services: Third parties (resellers) should be able to acquire wireless services from a 700 MHz licensee on a wholesale basis, based on reasonably nondiscriminatory commercial terms;
• Open networks: Third parties, such as Internet service providers, should be able to interconnect at any technically feasible point in a 700 MHz licensee's wireless network.

These conditions are broadly similar to the FCC's Internet Policy Statement (FCC's applications and content are combined into a single bullet, while an extra bullet adding a requirement for wholesale access for third party providers was included). The FCC adopted only two of these four criteria for the auction, viz., open devices and open applications, and only applied these conditions to the nationwide C block portion of the band.

In September 2009, FCC Chairman Julius Genachowski proposed to add two additional rules on top of its 2005 policy statement, viz., the nondiscrimination principle that ISPs must not discriminate against any content or applications, and the transparency principle, which requires that ISPs disclose all their policies to customers. He also argued that wireless should be subject to the same network neutrality as wireline providers.

In October 2009, the FCC took the next step by approving a notice of proposed rule making on the subject of net neutrality.

In May 2010, after it was believed the FCC would drop their effort to enforce net neutrality, they announced that they would continue their fight. It was believed they would not be able to enforce net neutrality after a Federal court's overthrow of the agency's Order against Comcast. However, under commission chairman Julius Genachowski, the FCC has proposed reclassifying broadband Internet access providers under the provisions of Title 2 of the Communications act in an effort to force the providers to adhere to the same rules as telephone networks. This adjustment is meant to prevent, "unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities or services."

On 21 December 2010, the FCC approved new rules banning cable television and telephone service providers from preventing access to competitors or certain web sites such as Netflix. The rules also include a more limited set of obligations for wireless providers. The rules would not keep ISPs from charging more for faster access. Republicans in Congress have announced plans to reverse the rules through legislation. Verizon has also indicated that it will challenge the FCC's decision in court, and Colin Crowell, the former Senior Counselor to the FCC Chairman, has called such court challenges "inevitable."