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Confirmed: FCC Will Try To Regulate Internet Under Title II

An anonymous reader writes: FCC Chairman Tom Wheeler has published an op-ed explaining how and why the FCC will "use its Title II authority to implement and enforce open internet protections." He says, "These enforceable, bright-line rules will ban paid prioritization, and the blocking and throttling of lawful content and services. I propose to fully apply—for the first time ever—those bright-line rules to mobile broadband. My proposal assures the rights of internet users to go where they want, when they want, and the rights of innovators to introduce new products without asking anyone's permission. ... To preserve incentives for broadband operators to invest in their networks, my proposal will modernize Title II, tailoring it for the 21st century, in order to provide returns necessary to construct competitive networks. For example, there will be no rate regulation, no tariffs, no last-mile unbundling. Over the last 21 years, the wireless industry has invested almost $300 billion under similar rules, proving that modernized Title II regulation can encourage investment and competition."

39 of 379 comments (clear)

  1. Well damn by magsol · · Score: 4, Funny

    Where's the "suddenoutbreakofcommonsense" tag? Actually useful for once!

    --
    "I'd just like to emphasise that taking a million years isn't a metaphor here..." -Rich Bradshaw
    1. Re:Well damn by Strangely+Familiar · · Score: 5, Interesting

      Tom Wheeler is actually a human being, not a faceless bureaucratic mouthpiece for the cable industry. Who would have thought it? I like his story about almost being the huge success that made AOL an also-ran in internet history, but for a rule that made the telephone network open, and the cable network closed. That is why so many people experienced the early internet at 1200 baud or 2400 baud, rather than 1.5 megabaud. Wheeler's early failure due to an FCC reg made a lasting impression on him. Now he has a chance to fix the problem that tripped him up. While the devil is always in the details, I like the direction he says he is going in. Kudos.

      --
      Join the IParty!
    2. Re:Well damn by Faw · · Score: 4, Funny

      I actually thought he was a dingo.

    3. Re:Well damn by Ralph+Wiggam · · Score: 4, Informative

      No, because this doesn't do what you think it does. It's about wireless only,

      Which bullshit site is telling you this? Because it's not true. This covers both mobile and fixed cable internet service. Comcast is fighting against it tooth and nail.

      http://www.npr.org/blogs/alltechconsidered/2015/02/04/383520623/after-months-of-debate-fcc-poised-to-unveil-internet-rules

    4. Re:Well damn by Strangely+Familiar · · Score: 4, Informative

      You are just wrong about this. It is about making all broadband carriers "common carriers" under Title II so that they must open their networks to competitors, and not favor their own services. So, Comcast can't throttle down packets from vonage, while passing their own voip signals just fine, or throttling down Netflix while providing their own video on demand service at a blazing speed. It pertains to mobile broadband, but it is not about wireless only. Where did you get that idea? If you read the article, you would see that the government is involved in your life anyway, like it or not. You should study game theory. It might clue you in why sometimes broadly applicable rules (aka laws) are necessary. Or do you think everyone would function perfectly fine without these crazy things called "laws"?

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    5. Re:Well damn by mysidia · · Score: 4, Interesting

      Except I noted the no last-mile unbundling bit.

      In other words, they still won't require broadband providers to open up the public infrastructure to competing ISPs.

      You'll still be stuck using their IPv4 protocol or Ethernet service, whichever they choose... and innovation in network technology from competing providers, or innovating with different networking technologies won't be possible like you can do with an unbundled loop and a competing carrier.

    6. Re:Well damn by WheezyJoe · · Score: 3, Insightful

      it gets the government ever more involved in your life, and in managing how you can or must communicate

      FUD. Either our government does the managing, or the corporations do. The government, at least, is accountable to the ballot box and the press. Comcast and their ilk are not. And don't say anything about free enterprise and competition. Competition is for small fry and suckers. Once you reach the size of Comcast, it benefits shareholders more to merge and acquire than to compete. Once monopoly status is achieved, hell with consumers and employees alike.

      Markets without regulation are like sports without referees... there's nothing to prevent a nice pick-up game from turning into an all-out brawl, because who's to say it wasn't your fault for putting your face in the path of my elbow? Without rules and enforcement, you're a fool if you DON'T cheat like hell, because there's no downside and if you don't the other guy will.

      --
      Take it easy, Charlie, I've got an Angle...
    7. Re:Well damn by dj245 · · Score: 5, Informative

      Tom Wheeler is actually a human being, not a faceless bureaucratic mouthpiece for the cable industry. Who would have thought it? I like his story about almost being the huge success that made AOL an also-ran in internet history, but for a rule that made the telephone network open, and the cable network closed. That is why so many people experienced the early internet at 1200 baud or 2400 baud, rather than 1.5 megabaud. Wheeler's early failure due to an FCC reg made a lasting impression on him. Now he has a chance to fix the problem that tripped him up. While the devil is always in the details, I like the direction he says he is going in. Kudos.

      Giving the man Kudos on Slashdot is certainly not a bad thing, but if you want to encourage this kind of reasonable pro-consumer behavior, you need to write your comments to people that matter. I sent an email to Chairman Wheeler's account (tom.wheeler@fcc.gov) thanking him for his courage with my senate and house representatives on cc.

      Maybe (probably) my email will come to nothing. But remember that all sorts of companies will be trying to defeat and bury his proposed regulations. Someone needs to make arguments contrary to the lobbyists, loudly and often.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    8. Re:Well damn by dj245 · · Score: 3, Insightful

      Except I noted the no last-mile unbundling bit.

      In other words, they still won't require broadband providers to open up the public infrastructure to competing ISPs.

      You'll still be stuck using their IPv4 protocol or Ethernet service, whichever they choose... and innovation in network technology from competing providers, or innovating with different networking technologies won't be possible like you can do with an unbundled loop and a competing carrier.

      Small steps. Writing letters to the FCC and your congressional representatives in support of these proposed regulations is the best way to encourage more pro-consumer internet legislation in the future. Internet openness isn't a big issue in American politics. That doesn't mean we can't make it one, but it takes time. In the last 10 years we have witnessed gay rights and marijuana decriminalization make HUGE advancements. They used to be fringe issues too, but now they are two of the hottest topics in politics. It wasn't a sprint, but a long marathon.

      --
      Even those who arrange and design shrubberies are under considerable economic stress at this period in history.
    9. Re:Well damn by mysidia · · Score: 4, Insightful

      If it is public infrastructure the existing broadband companies won't have any control over it. Companies cannot open up a public resource.

      The telephone network copper lines are considered public infrastructure, because the public helped pay for it both in the form of subsidies, and in the form of subscription fees generated through selling a service as a government-sponsored monopoly.

      Fiber.... not so much. Although, the government did pay big telcos in the form of huge grants to build out fiber, they never did. They pocketed the money, essentially. Then went and built out new fiber-based networks, and those are not being regulated.

      So the telcos stole an unfairly generous deal, and all the fiber laid by the incumbents really is and ought to be considered public infrastructure.

    10. Re:Well damn by 605dave · · Score: 4, Interesting

      Yes.

      Don't underestimate how much the public outcry affected this. I am involved in politics, and have had discussions about this on the federal level. One thing I learned is that most leaders in congress only know what the people around them tell them. They don't have time to surf Slashdot and Reddit (and people wonder why I don't want to run for office), and for the most part don't understand technology. They are getting spoon fed industry lines from everyone around them, and rarely hear from ordinary people. So the protests and outcry got their attention, and they started asking questions. Many of them came to a much better understanding of the issue, and that's why you have seen the change.

      It is so easy to be cynical these days, and this is probably the exception to the rule. Leaders of both parties are isolated in DC, and often aren't swayed. But they can be, and this is one case where they were.

      --
      Be kind, for everyone you meet is fighting a difficult battle. - Plato
    11. Re:Well damn by ewieling · · Score: 4, Insightful

      The only thing I care about is unbundling the last mile. Once that is done most of the other problems resolve themselves.

      Once you unbundle the last mile ISPs can get access to customers and competition happens.

      Do you remember that time in the early 2000s when people had a choice of ISPs? That was because of unbundling. Too bad the FCC lost their court case or we'd still have unbundled services today.

      --
      I really shouldn't have used someone else's email address for this account.
  2. They brought it on themselves by H3lldr0p · · Score: 5, Insightful

    It could have been easy to get along and keep doing what they were doing, but no, Verizon has to go and sue in court. They had to challenge the weaker rules, force Wheeler's hand and cause this to happen.

    It's their own fault here.

    They brought it on themselves in a very real, legally binding way.

    I couldn't be gloating any harder than I am right now.

    1. Re:They brought it on themselves by x0ra · · Score: 3, Interesting
    2. Re:They brought it on themselves by Holi · · Score: 3, Insightful

      Seeing as it was the FCC who originally classified them as Enhanced Service Providers, (oh god I'm having flash backs to when 1/2 the people on this site thought ISP's were common carriers) I fail to see why it is now illegal for them to reclassify them.

      --
      Sorry, teleporters just kill you and then make a copy. A perfect, soul-less copy.
    3. Re:They brought it on themselves by nobuddy · · Score: 5, Interesting

      Works beautifully here. The government put in a large fiber network reaching businesses and homes all over. They will run it to your house for a 2 year contract at a low fee ($30 for me. Fee is based on income)

      The network is open to any ISP that wants to use it. Actual service is decided by the market- which is by nature of this network, now an actual free market with no bullshit laws and high bar entry costs. there are, as of right now, 12 providers on it. it started with 5. Their prices are low, none have ANY caps or limits, and customer service falls just shy of fellatio. Several provide TV over fiber as well, and I hear that service is also great, with much smaller and cheaper bundle tiers than Comcast has.

      Because they have to actually compete with each other.

      Note: Comcast was also invited to use it. They refused. They are hurting bad out here now, really only servicing the pockets that fiber has not reached yet. they pour millions every year in to ad campaigns to oppose the annual fiber expansion proposals. They get laughed at a lot.

    4. Re:They brought it on themselves by xaotikdesigns · · Score: 3, Interesting

      What magical land is this?

      --
      XDInd
    5. Re:They brought it on themselves by fustakrakich · · Score: 4, Funny

      ...customer service falls just shy of fellatio.

      Then the city should step in there also. We want full service

      --
      “He’s not deformed, he’s just drunk!”
  3. AOL? by Drethon · · Score: 3, Funny

    I'm not sure I'd be bragging about the FCC making AOL possible. Just saying...

  4. AT&T, Verizon reportedly ready to sue FCC over by JoeyRox · · Score: 4, Interesting
  5. Lawful Content by hondo77 · · Score: 5, Insightful

    I do worry about what the whole "lawful content" thing is about and will really mean down the road.

    --
    I live ze unknown. I love ze unknown. I am ze unknown.
    1. Re:Lawful Content by bleh-of-the-huns · · Score: 4, Insightful

      Well, that can be a little ambiguous. For example, The Pirate Bay (yes we all know 99% is illegal content), it provides a service, that has legal uses, albeit very very small. So blocking a legal service with illegal content might not fly. The fact that TPB is not in the US might make things difficult, since as long as the service complies with requests to remove illegal content (even if they are slow about it), it is still technically complying with requirements of a legal service, and therefore should not be blocked.

      I guess we will see.

      --
      I came, I conquered, I coredumped
  6. what is this sorcrery. by nimbius · · Score: 5, Funny

    The government actually did something people wanted, the president actually supported, and the FCC actually agreed with that a republican controlled house and senate couldn't shit on? Im shocked but I think i can shed a little light on what this regulation actually means for us Americans.

    1. "Its Comcastic" can no longer be a punchline or an exclamation of furious rage
    2. the libraries of congress will download at the same speed, but the ghost of Grover Cleveland will no longer be present to slow down the ASICS in the switch fabric.
    3. healthcare.gov will now work for up to 9 simultaneous connections at speeds of up to 14.4kbps
    4. Myspace's "Tom" will now attend funerals in person and apply blingies to the casket at no extra charge
    5. The Supreme Court will now be given actual tubes of fresh, warm internet to help learn what it is. Clarence Thomas will now be rotated twice during his naps to prevent sores.

    --
    Good people go to bed earlier.
  7. Re:Cue the libertarian fucktards by pla · · Score: 5, Insightful

    As a Libertarian fucktard - I support net neutrality.

    Would I have preferred corporate America came to that decision on their own? Sure! And I'll take a unicorn, as long as you have enough for everyone.

    Keep in mind, before you go whining about those more fiscally responsible than yourself, that that the very abuses that net neutrality address exist because of government interference - Giving the telecoms local monopoly powers, limited right of eminent domain (an outright abomination in any context), and in many states, flatly banning public competition even in towns (like my own) that won't see cable or DSL until the next infernal ice age because the telecoms have zero interest in serving the "last mile". Not to mention that whole "incorporation" bullshit in the first place.

    Rant on, though! Never let facts stand in the way of demonizing your political enemies.

  8. Re:All internet providers, or just mobile? by drgould · · Score: 5, Interesting

    There's only one place in the article that specifically mentions mobile broadband. The rest talks about the internet and broadband in general.

    Although it's not completely clear, I'm assuming Title II will apply to both mobile and non-mobile broadband, but he's calling out mobile broadband because the most ignominious examples of abuse (data caps, throttling, prioritization, etc) have been by mobile operators.

  9. Hidden agenda that might bite us? by cyberjock1980 · · Score: 3, Insightful

    This sounds too good to be true. And we all know what that means...

    So I've got this suspicious feeling that there's some devil in the details that is gonna be a major drawback to this. Anyone got any insight into some key word or tricky phrase that might indicate an ulterior motive?

  10. Re:MOBILE broadband. Wheeler is Comcast's hero by Ralph+Wiggam · · Score: 5, Informative

    Wheeler is talking about applying these rules to MOBILE broadband.

    That's utterly not true.

    http://www.wsj.com/articles/fcc-chairman-proposes-utility-like-regulation-for-broadband-1423068563

    "Mr. Wheeler’s plan would regulate mobile and fixed broadband providers under Title II of telecommunications law, the provision that applies to common carriers. The broadband industry has been strongly opposed to using Title II, arguing it would saddle companies with outdated regulations and depress investment in upgrading their networks."

  11. Competition? - "no last-mile unbundling" by Cycloid+Torus · · Score: 5, Insightful

    While it is a nice thing to allow all the startups which may challenge Netflix, etc to have a level playing field, I am puzzled as to how this is going to help the consumer.

    I read "no last-mile unbundling" as a continuation of the virtual monopolies which exist today. Without competition, I am stuck with my current ISP as it has a geographic monopoly for all broadband.

    --
    Lost in space at an early age. Survived the vacuum. Now rebuilding castle in air.
  12. Don't get too excited by Sheik+Yerbouti · · Score: 5, Insightful

    No last mile unbundling! That's the core issue. That's what causes this nonsense is no real competition in the marketplace! This means you still have to deal with shitty companies like Comcast and Verizon because in many cases you have no other choice. It's a broken market. They should have forced last mile competition that would not only solve the net neutrality issue it would have lowered cost and increased speed and access.

    I feel like he's really saying well look ISPs looks like our swindle is not going to fly with the icky proles but at least I will protect your duopolies so be thankful for that.

    1. Re:Don't get too excited by rabbin · · Score: 4, Interesting

      If only I had mod points. This is exactly my concern. It's as if they're dangling NN in front of us while slipping the rug out from under our feet.

      From what I understand, the main problem is that we need to force the industry, kicking and screaming, to compete by "artificial" means because there is no naturally occuring free market (or anything close to it) in telecommunications. This is why the libertarian view of "if we only did away with franchise agreements granting territorial exclusivity..." wouldn't solve the main problem.

  13. Re:MOBILE broadband. Wheeler is Comcast's hero by Fire_Wraith · · Score: 3, Interesting

    Correct. He's not talking about applying these rules only to Mobile Broadband, he's differentiating this proposal from some of the FCC's earlier proposals, which would have exempted mobile internet, and only applied to landline service.

  14. Re:Finally the government has full control of the by ogdenk · · Score: 5, Interesting

    Our options:

    A.) Incompetent government regulation causing some inconveniences and waste.

    B.) A corporate boardroom full of sociopaths telling me what I can and can't do with an "unlimited" network connection that I require to do my job.

    Option A is the lesser of two evils. Internet service is no longer a "luxury", it's basically required to do business and even attend public school now. It's a utility and needs to be regulated like one to keep those greedy bastards from gouging us, killing innovation and hampering network performance for profit.

    As screwed up and brutal as our government is, and as much as I think regime change is necessary..... I trust Verizon and AT&T even less.

  15. Re:No last mile unbundling? by TraumaFox · · Score: 3, Insightful

    What you're seeing is the typical conservative notion that deregulation promotes investment, which deliberately draws attention away from the fact that the reason the US broadband infrastructure leaves so much to be desired is not because of a lack of investment but because there is nothing enforceable in place which requires them to spend the money they already receive on the necessary upgrades. Government subsidies, your monthly rates; only the barest minimum of any of that goes toward upgrades which are deemed absolutely necessary, while the rest accounts for billions of dollars in profits.

    Regarding last mile bundling, one of the arguments against it is that more competition would stifle innovation. That might hold water except that the only "innovation" these companies are investing in are new and better ways to curb your bandwidth consumption. Thankfully for the millions who simply have no choice of provider because of location, fiber has already been invented. Don't worry folks -- as soon as we guarantee that no competition is ever able to enter your area, your ISP will be at your door the next morning to run high speed fiber straight into your home!

    People are getting confused because it appears to be a win for net neutrality on the surface. Really now, do you think a former telecoms lobbyist would put that on the table if service providers didn't have something to gain from it? It's simply being used as a bargaining chip here to win people over into supporting the very reason our infrastructure is a global embarrassment. A decade from now, when you are paying $120/mo for 10down/1.5up Super Premium High-Speed Internet Turbo Boost Plus, they'll expect you to smile and be happy with your "open internet." To remind those with poor short-term memories, deregulation is what led to the whole Comcast BitTorrent debacle in the late 2000s; what a great win for net neutrality that turned out to be.

    Rest assured that "no rate regulation, no tariffs, no last-mile unbundling" will only benefit the bottom line of service providers. This is a compromise, one that wants you to accept long-term mediocrity for a temporary victory. How satisfied will you be when there's nothing left but the good graces of monopolistic corporations to stop your rates from skyrocketing and nowhere else to turn when they finally do?

  16. Re:Cue the libertarian fucktards by nine-times · · Score: 5, Insightful

    Yeah, that's very much in line with what I'm pointing out.

    I don't have a problem with a private contractor being used to actually build and maintain the road. I would be very uneasy allowing the private company to then "own" vital sections of road and charging whatever tolls they like. It would be so much worse if they could block some vehicles, charge different tolls for different vehicles, and set different speed limits for different vehicles, without even needing to provide a reason or rationale.

    So imagine that I own a company called "Road America Inc." and we own the roads going in and out of your town. Imagine I'm allowed to say, "Tolls for Ford cars are $1, and Ford cars can go 70 MPH. Tolls for Dodge are $20, and Dodge cars have a speed limit of 35 MPH." You see, I'm not owned by Ford, but I've made a deal with Ford where I get a payoff to promote their brand.

    I do, however, own some of the grocery stores in your town, and I'm charging very high tolls on any vehicles that carry groceries. Somehow, all of my grocery stores have cheaper goods. Maybe it's because I use the tolls on groceries to fund those grocery stores. I've outright blocked any incoming shipments of electronics, so my electronics stores are doing very well.

    Now does that seem fair?

  17. Re:ISP choice? by jriding · · Score: 4, Informative

    Are water, gas under title II?
    No.

    --
    love the taste, hate the texture
  18. Re:No last mile unbundling? by nehumanuscrede · · Score: 4, Insightful

    "People are getting confused because it appears to be a win for net neutrality on the surface. Really now, do you think a former telecoms lobbyist would put that on the table if service providers didn't have something to gain from it?"

    I'm pretty sure, unless this is some ultra-elaborate ruse, that the major Telecoms are not going to waste money trying to fight this in the courts if they ultimately ended up benefiting from it. One of the things the telecoms hated about Title II regulations when it came to the telephone system is that they were REQUIRED to provide telephone service equally without cherry-picking the high profit areas of the nation.

    I promise you they do not want to be forced to deliver high speed broadband to these same rural areas because it will absolutely kill their profits.

  19. Re:ISP choice? by stinerman · · Score: 3, Insightful

    Um...yes! I do get a choice for electricity and gas provider at least.

    The old monopoly (AEP/Columbia Gas) is in charge of maintaining the physical infrastructure, but I can buy the actual electrons/gas from anyone who wants to provide them. Sounds like exactly what we need in terms of infrastructure. The old monopoly handles the wiring, but anyone can provide services over the wires.

  20. Re:How will this affect peering agreements? by Ryanrule · · Score: 4, Informative

    that is NOT paid prioritization.
    that is edge caching.

    come back when you know things.

  21. Re:MOBILE broadband. Wheeler is Comcast's hero by Jane+Q.+Public · · Score: 4, Insightful

    The broadband industry has been strongly opposed to using Title II, arguing it would saddle companies with outdated regulations and depress investment in upgrading their networks.

    The irony here is that it was precisely the lack of Title II regulation which has allowed US cable companies (and mobile broadband) to pocket all that cash, rather than invest in better infrastructure to the extent the rest of the Western world has.

    The result has been slower internet, for more money, than elsewhere.

    No wonder they oppose it. It would mean much of their free lunch is over.