http://www.theverge.com/2014/11/10/7185933/fcc-should-reclassify-internet-as-utility-obama-says Obama says FCC should reclassify internet as a utility
By Jacob Kastrenakes
on November 10, 2014 09:30 am
President Obama has come out in support of reclassifying internet service as a utility, a move that would allow the Federal Communications Commission to enforce more robust regulations on it and protect net neutrality. "The time has come for the FCC to recognize that broadband service is of the same importance and must carry the same obligations as so many of the other vital services do," Obama writes in a statement this morning. "To do that, I believe the FCC should reclassify consumer broadband service under Title II of the Telecommunications Act — while at the same time forbearing from rate regulation and other provisions less relevant to broadband services."
Net neutrality advocates have been pushing for the FCC to reclassify internet service under Title II for a good long while now, but the commission has been hesitant to do so because of the political hurdles that it's certain to bump into. Internet providers are highly opposed to this kind of heavy regulation, which would largely turn their service into pipes that the internet flows through — rather than allowing them to treat it as a special type of service and make decisions about what you can and can't do online.
Obama's support of Title II reclassification comes at a critical time for net neutrality. The FCC is working on new net neutrality rules, but its current proposal would allow internet providers to offer so-called "fast lanes," effectively defeating the purpose of net neutrality in the first place. During a public comment period over the summer, Americans spoke out loudly against the proposal, but it's not yet clear what the commission plans to do in response. FCC chair Tom Wheeler has said that he isn't entirely opposed to Title II, but that's appeared to be only if other methods won't work first.
In a statement outlining what he'd like internet service to look like, Obama highlights four major points: internet providers wouldn't be allowed to block websites offering legal content, they wouldn't be allowed to intentionally slow down or speed up certain websites or services based on their own preferences, and they wouldn't be able to offer paid fast lanes. Obama also asks that the FCC investigate and potentially apply net neutrality rules to the interconnect points that sit between service providers and content providers. That's potentially huge news for Netflix, which has been arguing that this area of the internet should be covered by net neutrality all year.
Obama also asks that the commission apply these rules to mobile internet. That would be a significant change as well, as mobile service hasn't previously been subject to the same net neutrality rules that wired connections have been. That said, Obama does leave a significant amount of room for exceptions in the wireless space, potentially allowing some amount of throttling so that providers can manage their networks.
There's still the big question of whether the FCC will listen to Obama's recommendation and whether Congress will allow it. Obama's support of Title II reclassification may provide the political support that the commission needs to justify such a rule change, but with Republicans wary of regulation taking over the Senate, it's an increasingly risky proposition. The FCC may set the rules, but there's plenty that Congress can do to sway its decisions.
The White House ✔ @WhiteHouse
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I'm urging the @FCC to keep the internet open and free. Here's my plan to protect #NetNeutrality for everyone: http://go.wh.gov/net-neutrality –bo
8:20 AM - 10 Nov 2014
You can read Obama's full statement below:
An open Internet is essential to the American economy, and increasingly to our very way of life. By lowering the cost of launching a new idea, igniting new political movements, and bringing communities closer together, it has been one of the most significant democratizing influences the world has ever known.
"Net neutrality" has been built into the fabric of the Internet since its creation — but it is also a principle that we cannot take for granted. We cannot allow Internet service providers (ISPs) to restrict the best access or to pick winners and losers in the online marketplace for services and ideas. That is why today, I am asking the Federal Communications Commission (FCC) to answer the call of almost 4 million public comments, and implement the strongest possible rules to protect net neutrality.
When I was a candidate for this office, I made clear my commitment to a free and open Internet, and my commitment remains as strong as ever. Four years ago, the FCC tried to implement rules that would protect net neutrality with little to no impact on the telecommunications companies that make important investments in our economy. After the rules were challenged, the court reviewing the rules agreed with the FCC that net neutrality was essential for preserving an environment that encourages new investment in the network, new online services and content, and everything else that makes up the Internet as we now know it. Unfortunately, the court ultimately struck down the rules — not because it disagreed with the need to protect net neutrality, but because it believed the FCC had taken the wrong legal approach.
The FCC is an independent agency, and ultimately this decision is theirs alone. 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. The rules I am asking for are simple, common-sense steps that reflect the Internet you and I use every day, and that some ISPs already observe. These bright-line rules include:
No blocking. If a consumer requests access to a website or service, and the content is legal, your ISP should not be permitted to block it. That way, every player — not just those commercially affiliated with an ISP — gets a fair shot at your business.
No throttling. Nor should ISPs be able to intentionally slow down some content or speed up others — through a process often called "throttling" — based on the type of service or your ISP’s preferences.
Increased transparency. The connection between consumers and ISPs — the so-called "last mile" — is not the only place some sites might get special treatment. So, I am also asking the FCC to make full use of the transparency authorities the court recently upheld, and if necessary to apply net neutrality rules to points of interconnection between the ISP and the rest of the Internet.
No paid prioritization. Simply put: No service should be stuck in a "slow lane" because it does not pay a fee. That kind of gatekeeping would undermine the level playing field essential to the Internet’s growth. So, as I have before, I am asking for an explicit ban on paid prioritization and any other restriction that has a similar effect.
If carefully designed, these rules should not create any undue burden for ISPs, and can have clear, monitored exceptions for reasonable network management and for specialized services such as dedicated, mission-critical networks serving a hospital. But combined, these rules mean everything for preserving the Internet’s openness.
The rules also have to reflect the way people use the Internet today, which increasingly means on a mobile device. I believe the FCC should make these rules fully applicable to mobile broadband as well, while recognizing the special challenges that come with managing wireless networks.
To be current, these rules must also build on the lessons of the past. For almost a century, our law has recognized that companies who connect you to the world have special obligations not to exploit the monopoly they enjoy over access in and out of your home or business. That is why a phone call from a customer of one phone company can reliably reach a customer of a different one, and why you will not be penalized solely for calling someone who is using another provider. It is common sense that the same philosophy should guide any service that is based on the transmission of information — whether a phone call, or a packet of data.
So the time has come for the FCC to recognize that broadband service is of the same importance and must carry the same obligations as so many of the other vital services do. To do that, I believe the FCC should reclassify consumer broadband service under Title II of the Telecommunications Act — while at the same time forbearing from rate regulation and other provisions less relevant to broadband services. This is a basic acknowledgment of the services ISPs provide to American homes and businesses, and the straightforward obligations necessary to ensure the network works for everyone — not just one or two companies.
Investment in wired and wireless networks has supported jobs and made America the center of a vibrant ecosystem of digital devices, apps, and platforms that fuel growth and expand opportunity. Importantly, network investment remained strong under the previous net neutrality regime, before it was struck down by the court; in fact, the court agreed that protecting net neutrality helps foster more investment and innovation. If the FCC appropriately forbears from the Title II regulations that are not needed to implement the principles above — principles that most ISPs have followed for years — it will help ensure new rules are consistent with incentives for further investment in the infrastructure of the Internet.
The Internet has been one of the greatest gifts our economy — and our society — has ever known. The FCC was chartered to promote competition, innovation, and investment in our networks. In service of that mission, there is no higher calling than protecting an open, accessible, and free Internet. I thank the Commissioners for having served this cause with distinction and integrity, and I respectfully ask them to adopt the policies I have outlined here, to preserve this technology’s promise for today, and future generations to come.
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