Monday, President Obama issued a press release indicating his opinion on what should be done about net neutrality. The Chairman of Federal Communications Commission, Tom Wheeler, reacted by saying he would need more time to finalize the approvals.
On January 14, 2014, the D.C. Circuit Court of Appeals ruled that two of the Federal Communications Commission’s “net neutrality” rules were invalid. The rules governed so-called “fast lanes.” A fast lane would allow Internet broadband providers to charge websites extra to get their data to consumers faster OR allow consumers to pay more for faster service. Before the federal court’s ruling, “fast lanes” were barred. The other rule prevented companies from blocking certain lawful Internet services that might compete with other businesses they are involved in.
The rulings were based on a technicality. In what is referred to as its Section 706 authority, the FCC is required to encourage the deployment of broadband infrastructure but the court ruled this did not give them the right to issue common carrier rules.
Since that ruling, the FCC has been discussing how reclassify Internet services and reestablish these rules. In May, the FCC released a draft of their proposed rules, which they planned to formally adopt at the end of 2014. Since then, they’ve allowed the public the opportunity to comment on their proposed rules.
The biggest worry people seem to have with the proposed rules is that they do not specifically bar Internet “fast lanes.” The FCC explained in a document accompanying the rules that it “tentatively concludes that priority service offered exclusively by a broadband provider to an affiliate should be considered illegal until proven otherwise.”
Obama’s speech recommended reclassifying Internet providers entirely. He argued that the Internet should be treated like other utilities, like water, sewage and power, rather than a telecommunications unit. He argued there should be one network that everyone has access to and that “fast lanes” should be primarily banned. It would appear that almost everyone agrees that companies should not have the right to block legal Internet services.
“We cannot allow Internet service providers to restrict the best access or to pick winners and losers in the online marketplace for services and ideas,” Obama said, “I believe the FCC should create a new set of rules protecting net neutrality and ensuring that neither the cable company nor the phone company will be able to act as a gatekeeper, restricting what you can do or see online.”
Talking with USA today, John Bergmayer, an attorney at technology policy advocacy group Public Knowledge, said that the reclassification would give the FCC “much greater authority to address consumer problems. It’s a source of authority that the FCC can draw on for many broadband problems.”
This proposed increase in governmental power has prompted a reaction from the other side of the political spectrum. Republican Senator Ted Cruz of Texas tweeted about the press release, saying “’Net Neutrality’ is Obamacare for the Internet; the Internet should not operate at the speed of government.” He hasn’t made any further comments about his views on net neutrality but his tweet has garnered a large reaction from the Web community.
The exact comparison he tries to make between the two proposals is unclear. There has been some speculation that his acceptance of large campaign donations from ISP Comcast is part of why he appears to be against net neutrality.
More important than Senator Cruz’s tweet is the speech FCC chairman Wheeler gave after Obama’s statement Monday. Initial reactions believed that he appeared to be against the President’s suggestions but upon reflection, it seems he may just be nervous about the upcoming compromises to get what Obama asked for.
The Washington Post immediately reported that Wheeler was “at odds” with Obama and was “moving in a different direction” than what the President proposed. The Huffington Post later reported that, “Wheeler was saying that he was the man at the center of what is becoming an increasingly tense fight, and that he needed political support to fend off expected attacks.”
Despite the hope that new regulations would be in place by the end of 2014, the increasing polarization implies that changes will be slower than expected. The Huffington Post reported that Julie Samuels, executive director and board president of Engine, believed that before Obama’s statement, Wheeler was leaning towards a compromise approach regarding net neutrality. After the speech, however, things may have changed, she said.
Two major Internet players that have come out in strong support of net neutrality are Google and Facebook. Google is a member of the Internet Association, which released a statement Tuesday in support of Obama’s proposal to classify Internet services as a utility.
“The Internet Association applauds President Obama’s proposal for the adoption of meaningful net neutrality rules that apply to both mobile and fixed broadband. As we have previously said, the FCC must adopt strong, legally sustainable rules that prevent paid prioritization and protect an open Internet for users. Using Title II [classification as utility] authority, along with the right set of enforceable rules, the President’s plan would establish the strong net neutrality protections Internet users require.”
For now, the debate continues over net neutrality. The power remains with the FCC (which consists of non-elected members) and Obama reaffirmed their right to make the decision in his statement.
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