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Friday, 10 June 2011 - Analysis: FCC's slow pace on Internet rules puzzles some |
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    Read more with google mobile : Analysis: FCC's slow pace on Internet rules puzzles some |

    Edition: U.S. Article Comments (0) Pictures Best of E3 Videogamers converge for a sneak peek at upcoming titles.  Slideshow  Follow Reuters Facebook Twitter RSS YouTube Read Alabama governor signs nation's toughest immigration law 2:34pm EDT Alleged Weiner nude photo released by radio hosts 12:55am EDT Trial session ends early as Casey Anthony takes ill 4:54pm EDT Citi says hackers access bank card data 7:17am EDT Record exports temper slowdown fears 1:21pm EDT Discussed 76 ”The world is getting warmer”: Romney 71 Moody’s sounds alarm over U.S. debt limit and deficits 69 U.S. debt default unimaginable, creditors say Watched Bodypainters apply their skill Mon, Jul 19 2010 Four-year-old takes art world by storm Mon, Jun 6 2011 Obama leads Republican rivals in Presidential poll 9:30am EDT small business Talent search favors tech giants Recruiters say the Web 2.0 hiring boom, which counters nationwide unemployment above 9 percent, shows no sign of abating. And startups are having to be very creative to lure potential hires away from Google and other tech giants.  Full Article  Silicon Valley recruiter: "Everyone's desperate" 5 reasons to join a startup after graduating Analysis: FCC's slow pace on Internet rules puzzles some Tweet Share this Email Print Related News Special Report: After Japan, where's the next nuclear weak link? 12:06pm EDT Healthcare battle unfolds in Atlanta court Wed, Jun 8 2011 Analysis: Soaring IPOs raise specter of new bubble Mon, Jun 6 2011 Education stocks rally after key rule softened Thu, Jun 2 2011 U.S. weighs security after "serious" Google allegation Thu, Jun 2 2011 Analysis & Opinion Tech wrap: Apple “spaceship” to tackle “weed” problem The level playing field is a regulatory pipe dream Related Topics Technology » Media » By Jasmin Melvin WASHINGTON | Thu Jun 9, 2011 2:21pm EDT WASHINGTON (Reuters) - The communications regulator has been oddly slow in unleashing new powers to police the Internet, six months after finalizing the controversial rules. The delay has kept the rules in a glass box, both preventing the Federal Communications Commission from cracking down on unwarranted blocking of Internet content and keeping legal challenges at bay. The rules, adopted last December, give the FCC power to ensure consumer access to huge movie files and other content while allowing ISPs like Verizon Communications and Comcast Corp to manage their networks to prevent congestion. It is the latest twist in the so-called net neutrality debate, which pitted content providers who wanted protection against the blocking or degrading of their services against Internet service providers that wanted to "control the pipeline." Some accuse the FCC of intentional foot-dragging on what it knows is a hot potato, because as soon as the rules are implemented they are sure to be challenged in court by corporations. In order for the rules to take effect, the agency must publish them in the Federal Register. Industry sources and former regulators are scratching their heads about what they call an extraordinarily long time between the FCC's adoption of the rules and publication to put them into effect. The FCC, however, claims that any delay is not intentional. Analysts could not pinpoint a reason for the delay in unleashing the new powers, but did not rule out the idea the FCC was stalling court and congressional challenges. "If to a degree the order is vulnerable from a judicial standpoint, it'll push out that much into the future any decision on whether the rules are going to be upheld or not," said Stifel Nicolaus analyst Rebecca Arbogast. The order cannot be challenged in the courts until it is published in the Federal Register. Lawmakers eager to overturn the rules are also held at bay as the Senate cannot expedite consideration of a measure passed in the House to throw out the regulations. The delay in implementation has not caused major disruptions, but it prevents the FCC from considering complaints that companies may be unfairly limiting Internet access. Public interest groups accused low-cost wireless carrier MetroPCS Communications Inc of violating the FCC's order in January after the company unveiled tiered pricing data plans that excluded certain applications at different price points. The groups sent a letter to the agency, but without the rules in effect there is no clear complaint process. The FCC blames paperwork for the holdup, specifically the Paperwork Reduction Act (PRA) which requires the Office of Management and Budget (OMB) to sign off on rules involving data collection. An FCC spokesman said the PRA review process usually applies only to a small portion of an FCC order, delaying only that portion. In this case, it applies to the transparency and enforcement rules of the open Internet order. "The Commission determined that we would not have a sensible rule if neither transparency nor enforcement was in place, so it made the entire open Internet order effective following OMB approval," the spokesman said. NO PUBLICATION TILL FALL This decision perplexed a former senior FCC official who saw no reason for the agency to stray from its usual process of doing Federal Register publication before seeking OMB approval. "It appears that the FCC has made a strategic decision to delay Federal Register publication and thereby delay judicial review," said the former official, who spoke on condition of not being named. An FCC spokesman said the agency's general counsel's office explored options with the Office of the Federal Register's legal staff for publishing the rules ahead of OMB clearance, but this was the only option meeting the Federal Register's publication regulations. The bewildering sequence of comment periods and publication rules means the order may not go into effect until the fall. The order was adopted by a divided FCC in a 3-2 vote, and would prevent network operators from blocking lawful content but still let them ration access to their networks. It highlighted a huge divide between those who say the Internet should flourish without regulation and those who say the power of high-speed Internet providers to discriminate against competitors needs to be restrained. "It's difficult to measure the urgency with which these rules were voted on and the delays in publication. Now five months out, everything still seems to be working perfectly fine, but there's no rules in place to enforce," Verizon spokesman Ed McFadden said. Verizon Communications has been a vociferous opponent to the order, and McFadden renewed the company's pledge to take the FCC to court as soon as the rules are published. A U.S. federal appeals court threw out Verizon as well as MetroPCS's earlier challenges to the net neutrality rules, dismissing their lawsuits as premature. (Reporting by Jasmin Melvin, editing by Matthew Lewis) Technology Media Related Quotes and News Company Price Related News Tweet this Link this Share this Digg this Email Reprints   We welcome comments that advance the story directly or with relevant tangential information. We try to block comments that use offensive language, all capital letters or appear to be spam, and we review comments frequently to ensure they meet our standards. If you see a comment that you believe is irrelevant or inappropriate, you can flag it to our editors by using the report abuse links. Views expressed in the comments do not represent those of Reuters. Comments (0) Be the first to comment on reuters.com. Add yours using the box above. Social Stream (What's this?) © Copyright 2011 Thomson Reuters Editorial Editions: Africa Arabic Argentina Brazil Canada China France Germany India Italy Japan Latin America Mexico Russia Spain United Kingdom United States Reuters Contact Us Advertise With Us Help Journalism Handbook Archive Site Index Video Index Reader Feedback   Mobile Newsletters RSS Podcasts Widgets Your View Analyst Research Thomson Reuters Copyright Disclaimer Privacy Professional Products Professional Products Support Financial Products About Thomson Reuters Careers Online Products Acquisitions Monthly Buyouts Venture Capital Journal International Financing Review Project Finance International PEhub.com PE Week FindLaw Super Lawyers Attorney Rating Service Reuters on Facebook Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. 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