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US regulators try new tack in net neutrality quest
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US regulators try new tack in net neutrality quest
AFP - Friday, May 7
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WASHINGTON (AFP) - – The head of the US Federal Communications Commission (FCC) on Thursday laid out a new plan to prevent telecommunications firms from throttling fair access to high-speed broadband Internet.
Fresh from a federal court ruling that the FCC does not have jurisdiction to regulate broadband service providers because they are information companies, commission chairman Julius Genachowski made a legal case for treating them as part telecommunications service.
"If broadband access service is found to contain a separate telecommunications service... then the commission may protect broadband consumers," the FCC said in a statement detailing the legal reasoning.
"The common sense consensus that there should not be unreasonable conduct by broadband access service providers remains."
A US appeals court dealt a major setback in April to efforts of US government regulators to force Internet service providers to treat all Web traffic equally.
The US Court of Appeals for the District of Columbia ruled in favor of broadband provider Comcast Corp. in a case seen as a test of the authority of the FCC to enforce "net neutrality."
Net neutrality is the principle that ISPs provide the same speed and level of service to all Web users, regardless of size.
Net neutrality would prevent ISPs, for example, from blocking or slowing bandwidth-hogging Web traffic such as streaming video or other applications that put a strain on their networks or from charging different rates to users.
The three-judge appeals court ruled in the Comcast case that the FCC does not have the legal authority to regulate the network management practices of ISPs.
During his White House campaign, President Barack Obama came out strongly in favor of net neutrality, which is backed by companies such as Google, Amazon, Yahoo!, eBay and consumer advocacy groups, but opposed by telecommunications, wireless and cable companies.
Obama's goal of making unfettered high-speed Internet ubiquitous in the nation could be thwarted by the outcome of the Comcast case, which set the stage for related efforts by the FCC to be routinely challenged in court.
The "only reasonable approach" was to treat the transmission component of the Internet separately from online services and content, according to the FCC.
The FCC has the authority to classify services, and putting what ISPs do into the telecommunications category would allow regulators to apply fairness rules when it comes to riding the Internet highway, the FCC said.
Videos, pictures, games, streaming films and other content that flows online would not fall under the FCC's authority under the plan.
The FCC argued that the re-classification would enable it to keep the "status quo" that existed on the Internet prior to the Comcast case and will not regulate pricing by ISPs.
The Internet should remain unregulated as an arena for speech but those that peddle access should be subject to laws regarding equality and fairness, according to the FCC.
A declaration classifying ISPs as telecommunications services would come with a list of what the FCC will "forebear" from meddling with to prevent over regulation.
The re-classification process is expected to take months and will include a mandatory period for comment from the industry and the general public before the FCC makes a ruling.
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