Comments on Net Neutrality Due 1.14.10

Last week the FCC issued its Notice of Proposed Rulemaking, titled In the Matter of Preserving the Open Internet Broadband Industry Practices. This is the anticipated Net Neutrality rulemaking proposal. Comments are due January 14, 2010.

The FCC is proposing to codify the four Internet principles it announced in its Internet Policy Statement of 2005 plus two additional principles. The proposed new rules are:

1. Subject to reasonable network management, a provider of broadband Internet access service may not prevent any of its users from sending or receiving the lawful content of the user’s choice over the Internet.
2. Subject to reasonable network management, a provider of broadband Internet access service may not prevent any of its users from running the lawful applications or using the lawful services of the user’s choice.
3. Subject to reasonable network management, a provider of broadband Internet access service may not prevent any of its users from connecting to and using on its network the user’s choice of lawful devices that do not harm the network.
4. Subject to reasonable network management, a provider of broadband Internet access service may not deprive any of its users of the user’s entitlement to competition among network providers, application providers, service providers, and content providers.
5. Subject to reasonable network management, a provider of broadband Internet access service must treat lawful content, applications, and services in a nondiscriminatory manner.
6. Subject to reasonable network management, a provider of broadband Internet access service must disclose such information concerning network management and other practices as is reasonably required for users and content, application, and service providers to enjoy the protections specified in this part.

Where the FCC ultimately comes down on what constitutes ‘reasonable network management’ will determine whether the resulting rules will be manageable or onerous for broadband providers.

The backgrounds and personalities of this FCC is different from years past. These Commissioners appear to be focused on more recent entries into the market than traditional telecom providers. Incumbent providers will need to be diligent in making their concerns known and specific regarding the potential ramifications of hastily considered rules.

Here is a link to the NPRM. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-09-93A1.doc.
Please contact one of us at the firm if you wish to discuss or submit comments.