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May 11, 2010

Third Way Internet Regulation




Richard Bennett
Research Fellow
Information Technology and Innovation Foun...
FCC’s Third Way




                  2
Impact




         3
Impact




         OK, maybe not so much.
         But still…it’s not good.




                                    4
Why is a Third Way Needed?




                             5
Obama’s Campaign Promise




                           6
The Net Roots Connection




                           7
Net Roots’ Sole Issue




                        8
FCC’s Motivation




                   9
ITIF’s Third Way




                   10
The Act




          11
Titles
  Title I – General Provisions
  Title II – Common Carriers
  Title III – Provisions Relating to Radio
  Title ...
Where does the Internet Go?
  Title I – General Provisions
  Title II – Common Carriers
  Title III – Provisions Relati...
One Way to Get There
  FCC Suggests Framework
  Discussion Ensues
  Congress Amends Communications Act




            ...
Another Way to Get There
  FCC cherry-picks the Act
  Court battle ensues
  FCC loses court battle
  FCC Suggests Fram...
Separable Transmission Component




                                   16
Separable Transmission Component
  Point-to-Point
    Wire?
    Frame?
  Hop-to-Hop Packet?
  Network-to-Network
   ...
What is this “Framework” Thing?
  Basic Principles of Internet Regulation
  Starts with Powell’s Four Freedoms




     ...
Powell’s Four Freedoms
  Freedom to Access Content
  Freedom to Use Applications
  Freedom to Attach Personal Devices
 ...
Network Policy Issues
  Net Neutrality Consensus
   Four Freedoms + Transparency
   Managed Services




              ...
Network Policy Issues
  Net Neutrality Consensus
    Four Freedoms + Transparency
    Managed Services
  Net Neutralit...
Network Policy Issues
  Net Neutrality Consensus
    Four Freedoms + Transparency
    Managed Services
  Net Neutralit...
Network Policy Issues
  Net Neutrality Consensus
    Four Freedoms + Transparency
    Managed Services
  Net Neutralit...
Spectrum Controversies
  Licensed vs. License-exempt
   410 MHz Licensed
   650 MHz License-exempt




                ...
Spectrum Controversies
  Licensed vs. License-exempt
   410 MHz Licensed
   650 MHz License-exempt
  License-Exempt is...
Spectrum Controversies




                         26
Spectrum Controversies
  Licensed vs. License-exempt
   410 MHz Licensed
   650 MHz License-exempt
  License-Exempt is...
Edge-Managed Spectrum


                   Dead Air   Packet
       Packet


Time




                                    ...
Edge-Managed Spectrum


                          Dead Air   Packet
       Packet


Time




          Packet             ...
Spectrum Controversies
  Big Historical Mistake:
    TV Should be Wired.
    Telephony Should be Wireless.




        ...
New Freedoms
  Mobile Internet Experience the Fruit of Innovation
    Policy has to create the space for fundamental adv...
New Freedoms
  Mobile Internet Experience the Fruit of Innovation
    Policy has to create the space for fundamental adv...
New Freedoms
  Mobile Internet Experience the Fruit of Innovation
    Policy has to create the space for fundamental adv...
Hot Potato Routing Dictates Internet Economics
Technical Freedoms
  Why No Attention so Far?
   Four Freedoms Take Innovation for Granted.
   Innovation is like Air: ...
Thank you.

                       Please read:

   Going Mobile: Technology and Policy Issues in the
                    ...
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Transcript of "10 fn s08"

  1. 1. May 11, 2010 Third Way Internet Regulation Richard Bennett Research Fellow Information Technology and Innovation Foundation rbennett@itif.org
  2. 2. FCC’s Third Way 2
  3. 3. Impact 3
  4. 4. Impact OK, maybe not so much. But still…it’s not good. 4
  5. 5. Why is a Third Way Needed? 5
  6. 6. Obama’s Campaign Promise 6
  7. 7. The Net Roots Connection 7
  8. 8. Net Roots’ Sole Issue 8
  9. 9. FCC’s Motivation 9
  10. 10. ITIF’s Third Way 10
  11. 11. The Act 11
  12. 12. Titles  Title I – General Provisions  Title II – Common Carriers  Title III – Provisions Relating to Radio  Title IV – Procedural and Administrative Provisions  Title V – Penal Provisions – Forfeitures  Title VI – Cable Communications  Title VII – Miscellaneous Provisions 12
  13. 13. Where does the Internet Go?  Title I – General Provisions  Title II – Common Carriers  Title III – Provisions Relating to Radio  Title IV – Procedural and Administrative Provisions  Title V – Penal Provisions – Forfeitures  Title VI – Cable Communications  Title VII – Miscellaneous Provisions  Title [New] – Internet Services 13
  14. 14. One Way to Get There  FCC Suggests Framework  Discussion Ensues  Congress Amends Communications Act 14
  15. 15. Another Way to Get There  FCC cherry-picks the Act  Court battle ensues  FCC loses court battle  FCC Suggests Framework  Discussion Ensues  Congress Amends Communications Act 15
  16. 16. Separable Transmission Component 16
  17. 17. Separable Transmission Component  Point-to-Point  Wire?  Frame?  Hop-to-Hop Packet?  Network-to-Network  Transit?  Peering?  End-to-End  Application?  Cache? 17
  18. 18. What is this “Framework” Thing?  Basic Principles of Internet Regulation  Starts with Powell’s Four Freedoms 18
  19. 19. Powell’s Four Freedoms  Freedom to Access Content  Freedom to Use Applications  Freedom to Attach Personal Devices  Freedom to Obtain Service Plan Information  Fourth Freedom amended by FCC in Open Internet NPRM:  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. 19
  20. 20. Network Policy Issues  Net Neutrality Consensus  Four Freedoms + Transparency  Managed Services 20
  21. 21. Network Policy Issues  Net Neutrality Consensus  Four Freedoms + Transparency  Managed Services  Net Neutrality Controversy  What do we mean by “Discrimination?”  Good discrimination vs. Bad discrimination 21
  22. 22. Network Policy Issues  Net Neutrality Consensus  Four Freedoms + Transparency  Managed Services  Net Neutrality Controversy  What do we mean by “Discrimination?”  Good discrimination vs. Bad discrimination  Two New Freedoms  Engineering Freedom  Business Model Freedom 22
  23. 23. Network Policy Issues  Net Neutrality Consensus  Four Freedoms + Transparency  Managed Services  Net Neutrality Controversy  What do we mean by “Discrimination?”  Good discrimination vs. Bad discrimination  Two New Freedoms  Engineering Freedom  Business Model Freedom  Technical Advisory Groups  Specific Boundaries 23
  24. 24. Spectrum Controversies  Licensed vs. License-exempt  410 MHz Licensed  650 MHz License-exempt 24
  25. 25. Spectrum Controversies  Licensed vs. License-exempt  410 MHz Licensed  650 MHz License-exempt  License-Exempt is good for Small-scale Networks  Large networks must guarantee Service Quality  Hundreds of Millions of Small Networks 25
  26. 26. Spectrum Controversies 26
  27. 27. Spectrum Controversies  Licensed vs. License-exempt  410 MHz Licensed  650 MHz License-exempt  License-Exempt is good for Small-scale Networks  Large networks must guarantee Service Quality.  Hundreds of Millions of Small Networks  Need for 800 MHz of Licensed Bandwidth  Best Frequencies 1000 – 3000 MHz  DTV vs. Mobile Internet 27
  28. 28. Edge-Managed Spectrum Dead Air Packet Packet Time 28
  29. 29. Edge-Managed Spectrum Dead Air Packet Packet Time Packet Packet Dead Air Time 29
  30. 30. Spectrum Controversies  Big Historical Mistake:  TV Should be Wired.  Telephony Should be Wireless. 30
  31. 31. New Freedoms  Mobile Internet Experience the Fruit of Innovation  Policy has to create the space for fundamental advances.  Innovation at the Bottom Enables Innovation at the Top.  We’re Not Done Yet. 31
  32. 32. New Freedoms  Mobile Internet Experience the Fruit of Innovation  Policy has to create the space for fundamental advances.  Innovation at the Bottom Enables Innovation at the Top.  We’re Not Done Yet.  Engineering Freedom is Not a License to Steal  Reasonable Oversight, not Strangling Regulation 32
  33. 33. New Freedoms  Mobile Internet Experience the Fruit of Innovation  Policy has to create the space for fundamental advances.  Innovation at the Bottom Enables Innovation at the Top.  We’re Not Done Yet.  Engineering Freedom is Not a License to Steal  Reasonable Oversight, not Strangling Regulation  Business Model Innovation is Essential  Internet Economy Clouded with Secret Deals  Peering and Transit Agreements are Trade Secret.  Fundamental Algorithms of Internet Economy are Trade Secret. 33
  34. 34. Hot Potato Routing Dictates Internet Economics
  35. 35. Technical Freedoms  Why No Attention so Far?  Four Freedoms Take Innovation for Granted.  Innovation is like Air: We only Notice it when it’s Gone. 35
  36. 36. Thank you. Please read: Going Mobile: Technology and Policy Issues in the Mobile Internet http://www.itif.org/files/100302_GoingMobile.pdf Contact me at: rbennett@itif.org 36
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