FCC Open Internet Order 2010
Encyclopedia
The Federal Communications Commission Open Internet Order is a set of regulations that move towards the establishment of the internet neutrality concept. Some opponents of net neutrality believe such internet regulation would inhibit innovation
by preventing providers from capitalizing on their broadband investments and reinvesting that money into higher quality services for consumers. Supporters of net neutrality argue that the presence of content restrictions by network providers represents a threat to individual expression and the rights of the First Amendment
. Open Internet strikes a balance between these two camps by creating a compromised set of regulations that treats all internet traffic
in "roughly the same way".
These tenets of open internet essentially encapsulate the ideas of net neutrality. From 2005 until the establishment of Open Internet in December 2010, these standards existed in name only. In 2009, FCC Commissioner, Julius Genachowski
, revamped these principles by adding the idea that internet service provider
s may not discriminate against content in any way. After an extensive debate about the viability of net neutrality, the FCC approved Open Internet on December 21, 2010.
, one for fixed-line providers and the other for the wireless Net." These regulations adopt an aggressive net neutrality stance towards fixed line broadband providers but a more lenient approach towards wireless providers. They follow three specific rules:
These rules follow the basic principles of open internet established in 2005, but they embody specific language that regulates fixed-line broadband more closely than wireless internet. The reason that “wireless carriers are regulated far more loosely ” is because by the virtue of their service, these carriers are much more constrained than fixed-line connections. FCC officials claim that technical limitations of wireless internet necessitate looser regulations.
against FCC regulators. A federal appeals court for the District of Columbia ruled in favor of Comcast in a unanimous 3-0 decision. The decision focused on the narrow principle of whether the FCC had the right to regulate Comcast's network principles. In fact, the opinion was written so narrowly as to prompt the former legal counsel for the FCC, Sam Feder, to classify it as "the worst of all worlds for the F.C.C.” In his estimation, the court case made it all but impossible for the FCC to expect an appeal victory, but it also opened up enough alternatives for the FCC to accomplish its same goals that Congress
would be unlikely to give the FCC regulatory authority over the internet. Given these concerns, the FCC revised its plan for net neutrality, and the end result of that revision was the release of the current Open Internet rules. There currently have been no rulings regarding the legality of the current order.
This controversy has often split along party lines with Democrats
supporting the regulation and Republicans
opposing it. Democrats believe that Open Internet is essential to providing fair access to information, but Republicans argue that the best way for the internet to flourish is for the government to stay out of it. However, in a major exception to this rule, President George W. Bush
(R) decided to impose net neutrality regulation on Comcast in 2008. This initiative was broadened under current President Barack Obama
into the FCC proposal in place today.
. They believe that the current order will stifle internet innovation. They also believe that the regulation will not hold up to judicial review
. McDowell himself believes that the FCC "is defying the court and also circumventing the will of Congress."
Democrats and left-leaning organizations are disappointed with the rule as well because they claim that it does not go far enough. Prior to the passage of the regulations, The Progressive Change Campaign Committee attacked FCC Democratic FCC Commissioner Michael Copps, saying "Internet users across America will have lost a hero if Commissioner Copps caves to pressure from big business and supports FCC Chairman Genachowski’s fake Net Neutrality rules — rules written by AT&T, Comcast, and Verizon, the very companies the public is depending on the FCC to regulate strongly."
In his defense, Copps did not fully support the measure; however, he did feel as though it was a step in the right direction towards Net Neutrality. He said that “The item we will vote on tomorrow is not the one I would have crafted, but I believe we have been able to make the current iteration better than what was originally circulated. If vigilantly and vigorously implemented by the Commission — and if upheld by the courts — it could represent an important milestone in the ongoing struggle to safeguard the awesome opportunity-creating power of the open Internet.”
FCC Chairman Julius Genachowski also supported the decision, invoking the actions of the past Republican administration. He said that "The rules of the road we adopt today are rooted in ideas first articulated by Republican Chairmen Michael Powell
and Kevin Martin
, and endorsed in a unanimous FCC policy statement in 2005.
President Obama voiced his support for the measure as well, "calling the FCC's decision a victory for consumers, free speech, and "American innovation." President Obama will also be fulfilling a campaign promise to institute some form of Net Neutrality regulation.
Innovation
Innovation is the creation of better or more effective products, processes, technologies, or ideas that are accepted by markets, governments, and society...
by preventing providers from capitalizing on their broadband investments and reinvesting that money into higher quality services for consumers. Supporters of net neutrality argue that the presence of content restrictions by network providers represents a threat to individual expression and the rights of the First Amendment
First Amendment to the United States Constitution
The First Amendment to the United States Constitution is part of the Bill of Rights. The amendment prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering...
. Open Internet strikes a balance between these two camps by creating a compromised set of regulations that treats all internet traffic
Internet traffic
-Historical Internet Traffic Growth:Because of the distributed nature of the Internet, there is no single point of measurement for total Internet traffic...
in "roughly the same way".
Background
The United States Federal Communications Commission established four principles of "open internet" in 2005:- ConsumerConsumerConsumer is a broad label for any individuals or households that use goods generated within the economy. The concept of a consumer occurs in different contexts, so that the usage and significance of the term may vary.-Economics and marketing:...
s deserve access the lawful Internet content of their choice. - Consumers should be allowed to run applications and use services of their choice, subject to the needs of law enforcementLaw enforcement agencyIn North American English, a law enforcement agency is a government agency responsible for the enforcement of the laws.Outside North America, such organizations are called police services. In North America, some of these services are called police while others have other names In North American...
. - Consumers should be able to connect their choice of legal devices that do not harm the network.
- Consumers deserve to choose their network providers,application and service providerService providerA service provider is an entity that provides services to other entities. Usually, this refers to a business that provides subscription or web service to other businesses or individuals. Examples of these services include Internet access, Mobile phone operators, and web application hosting...
s, and content providers of choice.
These tenets of open internet essentially encapsulate the ideas of net neutrality. From 2005 until the establishment of Open Internet in December 2010, these standards existed in name only. In 2009, FCC Commissioner, Julius Genachowski
Julius Genachowski
Julius Genachowski is an American lawyer and businessman. He became Federal Communications Commission Chairman on June 29, 2009.-Education:Genachowski grew up in Great Neck, New York. He attended yeshiva and studied in Israel...
, revamped these principles by adding the idea that internet service provider
Internet service provider
An Internet service provider is a company that provides access to the Internet. Access ISPs directly connect customers to the Internet using copper wires, wireless or fiber-optic connections. Hosting ISPs lease server space for smaller businesses and host other people servers...
s may not discriminate against content in any way. After an extensive debate about the viability of net neutrality, the FCC approved Open Internet on December 21, 2010.
Details
The Open Internet Order "creates two classes of internet accessInternet access
Many technologies and service plans for Internet access allow customers to connect to the Internet.Consumer use first became popular through dial-up connections in the 20th century....
, one for fixed-line providers and the other for the wireless Net." These regulations adopt an aggressive net neutrality stance towards fixed line broadband providers but a more lenient approach towards wireless providers. They follow three specific rules:
- Transparency. Fixed and mobile broadbandMobile BroadbandMobile broadband is the marketing term for wireless Internet access through a portable modem, mobile phone or other mobile device.-Description:...
providers must disclose the network managementNetwork managementNetwork management refers to the activities, methods, procedures, and tools that pertain to the operation, administration, maintenance, and provisioning of networked systems....
practices, performance characteristics, and terms and conditions of their broadband services - No blocking. Fixed broadband providers may not block lawful content, applications, services, or non-harmful devices; mobile broadband providers may not block lawful websites, or block applications that compete with their voice or video telephony services.
- No unreasonable discrimination. Fixed broadband providers may not unreasonably discriminate in transmitting lawful network traffic.
These rules follow the basic principles of open internet established in 2005, but they embody specific language that regulates fixed-line broadband more closely than wireless internet. The reason that “wireless carriers are regulated far more loosely ” is because by the virtue of their service, these carriers are much more constrained than fixed-line connections. FCC officials claim that technical limitations of wireless internet necessitate looser regulations.
Controversy
The issue at stake regarding Open Internet is whether the government should regulate internet access or whether the internet is best left to flourish unregulated. In April 2010, these arguments were tested in court, pitting ComcastComcast
Comcast Corporation is the largest cable operator, home Internet service provider, and fourth largest home telephone service provider in the United States, providing cable television, broadband Internet, and telephone service to both residential and commercial customers in 39 states and the...
against FCC regulators. A federal appeals court for the District of Columbia ruled in favor of Comcast in a unanimous 3-0 decision. The decision focused on the narrow principle of whether the FCC had the right to regulate Comcast's network principles. In fact, the opinion was written so narrowly as to prompt the former legal counsel for the FCC, Sam Feder, to classify it as "the worst of all worlds for the F.C.C.” In his estimation, the court case made it all but impossible for the FCC to expect an appeal victory, but it also opened up enough alternatives for the FCC to accomplish its same goals that Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
would be unlikely to give the FCC regulatory authority over the internet. Given these concerns, the FCC revised its plan for net neutrality, and the end result of that revision was the release of the current Open Internet rules. There currently have been no rulings regarding the legality of the current order.
This controversy has often split along party lines with Democrats
Democratic Party (United States)
The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
supporting the regulation and Republicans
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
opposing it. Democrats believe that Open Internet is essential to providing fair access to information, but Republicans argue that the best way for the internet to flourish is for the government to stay out of it. However, in a major exception to this rule, President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
(R) decided to impose net neutrality regulation on Comcast in 2008. This initiative was broadened under current President Barack Obama
Barack Obama
Barack Hussein Obama II is the 44th and current President of the United States. He is the first African American to hold the office. Obama previously served as a United States Senator from Illinois, from January 2005 until he resigned following his victory in the 2008 presidential election.Born in...
into the FCC proposal in place today.
Support and opposition
The current proposal for Open Internet was opposed by the FCC's two Republican officials, Robert McDowell and Meredith Attwell BakerMeredith Attwell Baker
Meredith Attwell Baker was a member of the United States Federal Communications Commission . In mid-May 2011, she announced that she was taking a job with Comcast, effective June 3, 2011, instead of completing her term on June 30...
. They believe that the current order will stifle internet innovation. They also believe that the regulation will not hold up to judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
. McDowell himself believes that the FCC "is defying the court and also circumventing the will of Congress."
Democrats and left-leaning organizations are disappointed with the rule as well because they claim that it does not go far enough. Prior to the passage of the regulations, The Progressive Change Campaign Committee attacked FCC Democratic FCC Commissioner Michael Copps, saying "Internet users across America will have lost a hero if Commissioner Copps caves to pressure from big business and supports FCC Chairman Genachowski’s fake Net Neutrality rules — rules written by AT&T, Comcast, and Verizon, the very companies the public is depending on the FCC to regulate strongly."
In his defense, Copps did not fully support the measure; however, he did feel as though it was a step in the right direction towards Net Neutrality. He said that “The item we will vote on tomorrow is not the one I would have crafted, but I believe we have been able to make the current iteration better than what was originally circulated. If vigilantly and vigorously implemented by the Commission — and if upheld by the courts — it could represent an important milestone in the ongoing struggle to safeguard the awesome opportunity-creating power of the open Internet.”
FCC Chairman Julius Genachowski also supported the decision, invoking the actions of the past Republican administration. He said that "The rules of the road we adopt today are rooted in ideas first articulated by Republican Chairmen Michael Powell
Michael Powell (politician)
Michael Kevin Powell is an American Republican politician and lobbyist. He is the incoming president of the National Cable & Telecommunications Association . He was appointed to the Federal Communications Commission by President Bill Clinton on 3 November 1997. President George W. Bush designated...
and Kevin Martin
Kevin Martin (FCC)
Kevin Jeffrey Martin was the Chairman of the Federal Communications Commission. He was nominated to be a commissioner by President George W. Bush on April 30, 2001, and was confirmed on May 25, 2001. On March 16, 2005, President Bush designated him as FCC chairman, to replace Michael K. Powell...
, and endorsed in a unanimous FCC policy statement in 2005.
President Obama voiced his support for the measure as well, "calling the FCC's decision a victory for consumers, free speech, and "American innovation." President Obama will also be fulfilling a campaign promise to institute some form of Net Neutrality regulation.