FCC Adopts Net Neutrality Rules

WASHINGTON, D.C.: U.S. communications regulators have voted to approve a set of Internet traffic rules that prevent providers from blocking lawful websites or applications that compete with their services.

The FCC voted 3 to 2 in favor of the new rules, which are intended to ensure that broadband providers cannot serve as gatekeepers to companies providing competing content, services or applications to those providers’ customers. Essentially, it calls for no impediments to an open Internet, making sure all content flows freely on a level playing field.

Rule one deals with "transparency," requiring that service providers publicly disclose accurate information regarding the network management practices, performance, and commercial terms of its broadband Internet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Internet offerings.

Rule two addresses the blocking of lawful content, citing that providers cannot block consumers from accessing lawful websites, subject to reasonable network management. This also applies to blocking application that compete with the provider’s voice or video telephony services, subject to reasonable network management.

The third rule looks at unreasonable discrimination. The principle is that ISPs "shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service."  But "reasonable network management shall not constitute unreasonable discrimination," the rule says.

In discussing "reasonable network management," the FCC says a practice is reasonable "if it is appropriate and tailored to achieving a legitimate network management purpose, taking into account the particular network architecture and technology of the broadband Internet access service."

While the rules have not been met without some opposition, a number of services have issued statements supporting the vote.

DISH Network’s CEO and president, Charlie Ergen, commented: "DISH Network applauds Chairman Genachowski and Commissioners Copps and Clyburn for adopting critically important net neutrality rules. The Commission’s Order is a solid framework for protecting the open Internet. The new rules give companies, including DISH Network, the framework to invest capital and manpower in Internet-related technologies without fear that our investment will be undermined by carriers’ discriminatory practices. While we wish the Commission would have gone further to expressly prohibit discrimination on wireless platforms, we are pleased that there will be ongoing Commission oversight and enforcement authority."

A separate statement from Time Warner Cable reads: "The net neutrality rules adopted today by the FCC appear to reflect a workable balance between protecting consumers’ interests and preserving incentives for investment and innovation by broadband Internet service providers. While we continue to believe that Internet regulation is unnecessary and unwarranted, we are pleased that the FCC has rejected proposals to impose even more burdensome and heavy-handed common carrier regulations under Title II of the Communications Act. Time Warner Cable remains committed to providing consumers with the best possible Internet experience by ensuring that they are able to access the content, services, and applications online that they want, when they want. Now that the FCC has settled on a regulatory framework for broadband Internet access services, we can pursue that mission with a somewhat greater measure of certainty and stability going forward."