Net Neutrality Laws to Finally Get Teeth, Eventually

FCC Chairman Julius Genachowski announced today a notice of proposed rulemaking, a process to formalize a set of broadband policy principles that the FCC uses to enforce net neutrality.

“The Internet is an extraordinary platform for innovation, job creation, investment, and opportunity,” Genachowski said in a speech before the Brookings Institution. “It has unleashed the potential of entrepreneurs and enabled the launch and growth of small businesses across America. It is vital that we safeguard the free and open Internet.”

The notice of proposed rulemaking will look not only into net neutrality rules on traditional wired broadband networks, but also explore whether to impose new rules on broadband networks offered by mobile phone carriers, the FCC said.

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Mobile broadband services offered by carriers such as Verizon Wireless and T-Mobile have not been subject to the FCC’s net neutrality principles.

Some carriers oppose formal rules, arguing they could “hamper provider efforts to roll out new services and manage their networks, and to protect against attacks and bandwidth hogs.”

The Four Existing Principles to be formalized:

— Consumers are entitled to access the lawful Internet content of their choice.

— Consumers are entitled to run applications and use services of their choice, subject to the needs of law enforcement.

— Consumers are entitled to connect their choice of legal devices that do not harm the network.

— Consumers are entitled to competition among network providers, application and service providers, and content providers.

Genachowski also proposed two new principles:

The first would prevent Internet access providers from discriminating against particular Internet content or applications, while allowing for reasonable network management. The second principle would ensure that Internet access providers are transparent about the network management practices they implement.

Since 2005, the FCC has relied on the four policy principles to guide enforcement of net neutrality ideals on broadband providers, ruling on a case-by-case basis. Last year, Comcast sued, arguing that the FCC needs to create a rule or get authority from the U.S. Congress to enforce net neutrality (the ruling is pending).

Via PCWorld.com and Wired.com