F.C.C. Moves to Expand Role in Broadband

NEW YORK TIMES [NYTimes Group/Sulzberger] - By Edward Wyatt - June 17, 2010 A version of this article appeared in print on June 18, 2010, on page B2 of the New York edition WASHINGTON - The Federal Communications Commission voted 3 to 2 on Thursday to move toward giving itself the authority to regulate the transmission component of broadband Internet service, a power the commission’s majority believes is central to expanding the availability of broadband. The vote formally begins a period of public comment on an F.C.C. proposal to overturn a previous commission ruling that classified broadband transmission as a lightly regulated information service. The proposal would designate broadband transmission as a telecommunications service, which, as with telephone service, would make it subject to stricter regulation. The commission has said it intends to exempt broadband service from most of the regulatory options it has under the stricter designation, keeping only those regulations that are necessary “to implement fundamental universal service, competition and market entry, and consumer protection policies.” It would not regulate Internet content. Opponents of the reclassification say that it would give the F.C.C. the power to regulate rates charged to consumers by broadband service providers, something that Julius Genachowski, the chairman of the commission, has said that it does not intend to do. The F.C.C. began reconsidering its broadband regulation policies after a federal court of appeals in April invalidated the approach that the commission had long taken. That decision involved the commission’s ability to require that Internet service providers not discriminate against any content or application. The F.C.C. claimed that Comcast had done so in blocking access by its users to BitTorrent, a file-sharing service. Mr. Genachowski said the commission was seeking comment on three possibilities - keeping regulation as it is, imposing a full telecommunications regulatory regime, and a “third way” approach of limited regulation. He likened that approach to the way the commission has regulated mobile phone services for nearly 20 years. “The third way approach was developed out of a desire to restore the status quo light-touch framework that existed prior to the court case,” Mr. Genachowski said. “Let’s not pretend that the problems with the state of broadband in America don’t exist; let’s not pretend that the risk of excessive regulation is not real, or, at the other extreme, that the absence of basic protections for competition and consumers is acceptable.” Commissioners Michael J. Copps and Mignon Clyburn joined Mr. Genachowski in voting to open the comment process, while Meredith Attwell Baker and Robert M. McDowell opposed it. In her dissenting statement, Ms. Baker said the proposal “will place the heavy thumb of government on the scale of a free market to the point where innovation and investment in the ‘core’ of the Net are subjected to the whims of ‘Mother-May-I’ regulators.” Future commission members, she said, could overturn current decisions to regulate broadband service only lightly. Unedited :: Link to Original Posting http://www.nytimes.com/2010/06/18/business/18fcc.html FAIR USE NOTICE: This blog contains copyrighted material the use of which has not always been specifically authorized by the copyright owner. We are making such material available in our efforts to advance understanding of religious, environmental, political, human rights, economic, democracy, scientific, and social justice issues, etc. We believe this constitutes a 'fair use' of any such copyrighted material as provided for in section 107 of the US Copyright Law. In accordance with Title 17 U.S.C. Section 107, the material on this site is distributed without profit to those who have expressed a prior interest in receiving the included information for research and educational purposes. For more information go to: http://www.law.cornell.edu/uscode/17/107.shtml. If you wish to use copyrighted material from this site for purposes of your own that go beyond 'fair use', you must obtain permission from the copyright owner.