The Federal Communications Commission unveiled its view of an open Internet with Chief Julius Genachowski explaining the new administration’s plans to keep access to the Internet free and open, regardless of access mechanism. However, the plan includes some wiggle room that could prove valuable for wireless operators.
Genachowski this morning provided details of the FCC’s plans during a speech at the Brookings Institute, where he outlined the initiative that will add a two new stipulations to current FCC plans for open Internet access.
The already established principals were summed up as: Network operators cannot prevent users from accessing the lawful Internet content, applications, and services of their choice, nor can they prohibit users from attaching non-harmful devices to the network.
Adding to this, Genachowski put forth two additional tenants. The first centers on “non-discrimination,” which the FCC explained means ISPs “cannot block or degrade lawful traffic over their networks, or pick winners by favoring some content or applications over others in the connection to subscribers’ homes. Nor can they disfavor an Internet service just because it competes with a similar service offered by that broadband provider. The Internet must continue to allow users to decide what content and applications succeed.”
Genachowski did provide some leeway on this provision when he added that “this principle will not prevent broadband providers from reasonably managing their networks. During periods of network congestion, for example, it may be appropriate for providers to ensure that very heavy users do not crowd out everyone else.” This exception could provide ISPs, and more specifically wireless ISPs, with the justification they would need to prevent certain high-bandwidth applications from operating on their networks.
Wireless operators have been hesitant to allow customers’ unimpeded access to the Internet by typically installing usage caps in their terms of service that would allow carriers to discontinue a customer’s service if they go beyond 5 gigabytes of data transmission per month. There has also been some recent concern about blocking third-party applications that could compete with a carrier’s embedded offerings. This was recently highlighted when Google Inc. claimed its Voice application was not approved by Apple Inc. for its App Store. Apple offers similar services as Google Voicer embedded in the iPhone as well as voice components offered by the iPhone’s exclusive carrier AT&T Mobility. Other high-bandwidth applications, such as Sling Media’s Slingbox, can only be accessed through a Wi-Fi connection, not through AT&T Mobility’s wide-area network.
The second principal Genachowski called “transparency,” and revolves around ISPs being open with both consumers and the government on any and all network management implemented on their networks.
“Greater transparency will give consumers the confidence of knowing that they’re getting the service they’ve paid for, enable innovators to make their offerings work effectively over the Internet, and allow policymakers to ensure that broadband providers are preserving the Internet as a level playing field,” Genachowski said in his speech. “It will also help facilitate discussion among all the participants in the Internet ecosystem, which can reduce the need for government involvement in network management disagreements.”
Genachowski also noted that the new principals would apply to all ISPs regardless of access mechanism, though again said the FCC would take into account technical issues that could arise from access through wireless networks.
“Even though each form of Internet access has unique technical characteristics, they are all are different roads to the same place,” Genachowski explained. “It is essential that the Internet itself remain open, however users reach it. The principles I’ve been speaking about apply to the Internet however accessed, and I will ask my fellow commissioners to join me in confirming this.
“Of course, how the principles apply may differ depending on the access platform or technology,” Genachowski continued. “The rulemaking process will enable the commission to analyze fully the implications of the principles for mobile network architectures and practices – and how, as a practical matter, they can be fairly and appropriately implemented. As we tackle these complex questions involving different technologies used for Internet access, let me be clear that we will be focused on formulating policies that will maximize innovation and investment, consumer choice, and greater competition.”
