FCC Passes Net Neutrality Rules
By Michael Kelley Dec 21, 2010The Federal Communications Commission (FCC) adopted net neutrality rules on Tuesday that do not allay some of the major concerns of the librarian and higher education communities.
The American Library Association (ALA), the Association of Research Libraries (ARL), and EDUCAUSE said in a joint statement that the new order "does not go far enough to ensure community anchor institutions' content and services can be equally accessed by the public."
The groups last week voiced significant reservations to the FCC about the new rules as they would relate to the use of paid prioritization, the definition of the word "consumer," the distinction between wireline and wireless networks, and the need for a judicial determination of what constitutes unlawful content.
The FCC did clarify "consumer" to leave no doubt that the rules will apply to libraries and other educational interests, but the measure still falls short of true net neutrality, the groups said.
"The order does not hold wireless to the same non-discriminatory standards as wireline access, despite the growing number of libraries, higher education institutions, and users that utilize wireless technology to access content and information," the groups said. "Additionally, the practice of paid-prioritization must be banned to protect libraries and educational interests from being charged more to provide the public with the same quality of access to their educational and non-profit content."
The rules would prohibit wireline broadband providers, like Comcast, from blocking access to sites and applications. But in a nod to the rapidly evolving development of mobile broadband, the rules are more lenient when it comes to wireless networks, allowing them to block certain applications and services that do not compete directly with their telephony voice or video services.
The FCC said it will monitor for any signs of anti-competitive or anti-consumer conduct. The ALA has long championed open access to the Internet regardless of the technology in use.
The new rules do require wireless and wireline providers to operate their networks in a transparent manner.
The commission's two Democratic members plus the Democratic chairman, Julius Genachowski, voted in favor of the measure, and the two Republican members voted against it. Genachowski first proposed the new framework on December 1.
The decision is likely headed to the courts since the FCC's legal authority to regulate Internet access remains contested.
The measure is also likely to face stiff opposition in the House with its newly elected Republican majority.
Sen. Kay Bailey Hutchison (R-Tex.) told the Washington Post that she will move to withdraw funds appropriated to the FCC to execute the rules.
"The FCC is attempting to push excessive government regulation of the Internet through without Congressional authority, and these actions threaten the very future of the technology," Hutchison, the ranking GOP member of the Energy and Commerce Committee, told the Post.
Verizon also seemed to say that it was less than satisfied.
"This assertion of authority without solid statutory underpinnings will yield continued uncertainty for industry, innovators, and investors," the company said in a statement.
