Comments by Federal Communications Commission Chairman Tom Wheeler
at the Consumer Electronics Show in Las Vegas appeared to show he
leaned toward regulating Internet service providers (ISPs) more
strictly under Title II of the U.S. communications law, as Obama has
suggested.
The FCC has been working for nearly a year on new rules governing
how ISPs manage Web traffic on their networks, and Wheeler said he
will share his latest proposal with fellow commissioners on Feb. 5
and hold the vote on final regulations on Feb. 26.
At stake is whether and how ISPs should be banned from blocking or
slowing down websites and applications and from charging content
companies for "prioritized" downloads.
"We're going to propose rules that say that no blocking (is
allowed), no throttling, no paid prioritization," Wheeler said.
He said companies' behavior should be measured against a yardstick
of whether it is "just and reasonable," referring to a standard
often applied to public utility companies to make sure they do not
hurt consumers or competition.
The FCC last year received some 4 million comments after Wheeler's
original proposal left the door open to "commercially reasonable"
discrimination.
Obama in November gave net neutrality advocates a boost, calling for
strictest rules possible and suggesting the FCC reclassify ISPs as
more heavily regulated "telecommunications services," instead of the
current "information services."
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Net neutrality advocates welcomed Wheeler's new plan. "All afternoon
in fact I've received emails and calls from entrepreneurs across the
country encouraged by the chairman's remarks, willing to work with
him," said Marvin Ammori, a lawyer who represents technology
companies.
ISPs say they do not object to parts of Obama's plan but staunchly
oppose reclassification, which they say will present a regulatory
burden and impede investments and innovation. They are expected to
mount a court challenge, and Republicans are expected to counter new
rules with legislation.
"The implications of the just and reasonable standard will be years
of litigation just as we’ve seen since 1934, when those words were
written by Congress for the Ma Bell monopoly," said former FCC
Commissioner Robert McDowell, a Republican.
(Editing by Andre Grenon and Cynthia Osterman)
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