This document discusses issues related to the transition to IP networks and net neutrality rules. Regarding the IP transition, it notes that the public telephone network is being replaced by an IP-based network, which could impact services, reliability, and regulatory obligations. On net neutrality, it explains the debate around whether and how to regulate broadband providers to prevent blocking or discrimination of internet traffic. Local governments should be concerned with how these changes could impact services, public safety networks, and economic development. The FCC is considering new rules around an "open internet" and prohibiting blocking of lawful content.
What Issues are Building and How Do They Affect Local Governments at 2013 International Municipal Lawyers Association Annual Meeting
Teleommunications Policy in an IP World
Navigating the Internet Protocol Transition
National Association of Telecommunications Officers and Advisors (NATOA) Annual Conference
What are the implications of the IP transition for local franchising, fees, universal service, consumer protection and related areas.
The Wheeler Federal Communications Commission - 2014 Outlook on Congress and ...Best Best and Krieger LLP
Demise of Title II regulation and the rise of net neutrality?
"Best Practices" or Federal Preemption and shot clocks for zoning and permitting?
FCC “Process Reform” proposals
2014 Outlook on Congress and the FCC
What Issues are Building and How Do They Affect Local Governments at 2013 International Municipal Lawyers Association Annual Meeting
Teleommunications Policy in an IP World
Navigating the Internet Protocol Transition
National Association of Telecommunications Officers and Advisors (NATOA) Annual Conference
What are the implications of the IP transition for local franchising, fees, universal service, consumer protection and related areas.
The Wheeler Federal Communications Commission - 2014 Outlook on Congress and ...Best Best and Krieger LLP
Demise of Title II regulation and the rise of net neutrality?
"Best Practices" or Federal Preemption and shot clocks for zoning and permitting?
FCC “Process Reform” proposals
2014 Outlook on Congress and the FCC
The big events relating to local telecommunications facility regulation and how they fit together; history of Section 332; subsequent case law; the FCC's "shot clock" ruling and Supreme Court case; other pieces to the puzzle.
At the International Municipal Lawyers Association’s 80th Annual Conference in Las Vegas earlier this month, BB&K Partner Gail Karish presented “Developments in Wireless.” In her presentation (below), Gail uses industry data to show the tremendous growth in wireless infrastructure in recent years. Besides explaining why, she also discusses how recent court decisions, the FCC’s new shot clock and various state laws are impacting local government control over wireless facilities siting.
At the International Municipal Lawyers Association’s annual Spring Meeting in Washington, D.C., we presented “Telecommunications 2016: The Challenges Facing Local Government and its Counsel.”
The Federal Communications Commission is considering adopting rules that could limit local governments’ zoning authority and allow wireless-service providers to add facilities to existing buildings, towers, and other structures in public rights-of-way and elsewhere. The wireless industry will likely push the federal agency to adopt rules that will allow them to place and expand facilities with little or no oversight.
The big events relating to local permitting of wireless telecommunications facilities and how they fit together: Case law; the FCC "shot clock" ruling and Supreme Court case; Section 6409(a) of the Middle Class Tax Relief Act and follow-on court decisions
Cellphone Tower Regulation: Maximizing Revenue While Protecting Local InterestsBest Best and Krieger LLP
Joseph Van Eaton and Gerry Lederer, partners in the BB&K Washington, D.C. office, recently conducted an educational program on regulatory and transactional concerns arising from the siting or collocation of a wireless tower. The presentation focused on the impact of new FCC rules limiting local authority to control modifications of existing wireless facilities on siting regulation and on negotiations for use of public property to place wireless facilities.
The most common stumbling points and effective ways to get past them; DAS system leasing for in-building networks as a growth area; advice on problematic situations of concern to members of the audience
Background on cell tower growth, current and developing framework for managing wireless development, planning for the future and negotiating leases and licenses for facilities.
Tim Denton is the Commissioner of the CRTC (Canadian FCC). He spoke on Session 5: Muni Fiber Super Session at the Freedom to Connect 2009 conference.
If you'd like more info about the conference, see
http://freedom-to-connect.net/
The big events relating to local telecommunications facility regulation and how they fit together; history of Section 332; subsequent case law; the FCC's "shot clock" ruling and Supreme Court case; other pieces to the puzzle.
At the International Municipal Lawyers Association’s 80th Annual Conference in Las Vegas earlier this month, BB&K Partner Gail Karish presented “Developments in Wireless.” In her presentation (below), Gail uses industry data to show the tremendous growth in wireless infrastructure in recent years. Besides explaining why, she also discusses how recent court decisions, the FCC’s new shot clock and various state laws are impacting local government control over wireless facilities siting.
At the International Municipal Lawyers Association’s annual Spring Meeting in Washington, D.C., we presented “Telecommunications 2016: The Challenges Facing Local Government and its Counsel.”
The Federal Communications Commission is considering adopting rules that could limit local governments’ zoning authority and allow wireless-service providers to add facilities to existing buildings, towers, and other structures in public rights-of-way and elsewhere. The wireless industry will likely push the federal agency to adopt rules that will allow them to place and expand facilities with little or no oversight.
The big events relating to local permitting of wireless telecommunications facilities and how they fit together: Case law; the FCC "shot clock" ruling and Supreme Court case; Section 6409(a) of the Middle Class Tax Relief Act and follow-on court decisions
Cellphone Tower Regulation: Maximizing Revenue While Protecting Local InterestsBest Best and Krieger LLP
Joseph Van Eaton and Gerry Lederer, partners in the BB&K Washington, D.C. office, recently conducted an educational program on regulatory and transactional concerns arising from the siting or collocation of a wireless tower. The presentation focused on the impact of new FCC rules limiting local authority to control modifications of existing wireless facilities on siting regulation and on negotiations for use of public property to place wireless facilities.
The most common stumbling points and effective ways to get past them; DAS system leasing for in-building networks as a growth area; advice on problematic situations of concern to members of the audience
Background on cell tower growth, current and developing framework for managing wireless development, planning for the future and negotiating leases and licenses for facilities.
Tim Denton is the Commissioner of the CRTC (Canadian FCC). He spoke on Session 5: Muni Fiber Super Session at the Freedom to Connect 2009 conference.
If you'd like more info about the conference, see
http://freedom-to-connect.net/
THIS IS AN ARTICLE PLEASE GIVE ANSWERS FOR THE QUESTIONS (THE PROBLE.pdfinfo824691
THIS IS AN ARTICLE PLEASE GIVE ANSWERS FOR THE QUESTIONS (THE
PROBLEM)
Closing Case Network Neutrality Wars
The explosive growth of streaming video and mobile technologies is creating bandwidth
problems over the Internet. The Internet was designed to transmit content such as e-mails and
Web pages. However, media items being transmitted across the Internet today, such as high-
definition movies, are vastly larger in size. To compound this problem, there are (in early 2015)
over 180 million smartphone users in the United States, many of whom use the Internet to stream
video content to their phones. The Internet bandwidth issue is as much about economics as it is
about technology. Currently, consumers can send 1-kilobyte e-mails or watch the latest 30-
gigabyte movie on their large-screen televisions for the same monthly broadband fee. Unlike the
system used for power and water bills where higher usage results in higher fees, monthly
broadband fees are not tied to consumer usage. A study from Juniper Networks
(www.juniper.net) highlights this “revenue-per-bit” problem. The report predicts that Internet
revenue for carriers such as AT&T (www.att.com) and Comcast (www.comcast.com) will grow
by 5 percent per year through 2020. At the same time, Internet traffic will increase by 27 percent
annually, meaning that carriers will have to increase their bandwidth investment by 20 percent
per year just to keep up with demand. Under this model, the carrier’s business models will face
pressures, because their total necessary investment will exceed revenue growth. Few industry
analysts expect carriers to stop investing in new capacity. Nevertheless, analysts agree that a
financial crunch is coming. As Internet traffic soars, analysts expect revenue per megabit to
decrease. These figures translate into a far lower return on investment (ROI). Although carriers
can find ways to increase their capacity, it will be difficult for them to reap any revenue benefits
from doing so. The heart of the problem is that, even if the technology is equal to the task of
transmitting huge amounts of data, no one is sure how to pay for these technologies. One
proposed solution is to eliminate network neutrality. (A POSSIBLE SOLUTION)Network
neutrality is an operating model under which Internet service providers (ISPs) must allow
customers equal access to content and applications, regardless of the source or nature of the
content. That is, Internet backbone carriers must treat all Web traffic equally, not charging
different rates by user, content, site, platform, or application. Telecommunications and cable
companies want to replace network neutrality with an arrangement in which they can charge
differentiated prices based on the amount of bandwidth consumed by the content that is being
delivered over the Internet. These companies believe that differentiated pricing is the most
equitable method by which they can finance the necessary investments in their network
infrastructures. .
C5-1 CASE STUDY 5NET NEUTRALITYFew issues related to.docxRAHUL126667
C5-1
CASE STUDY 5
NET NEUTRALITY
Few issues related to business use of the Internet have spurred as much
heated debate as Net Neutrality. At the heart of the Net Neutrality debate is
the idea that Internet access providers should not discriminate with regard
to what applications an individual can use or interact with over the Internet.
Advocates of Net Neutrality contend that individual freedom to use of the
Internet extends to the content uploads or downloads. They also believe that
individuals acquiring services from Internet access providers should be able
to use the applications and devices of their choice, and be allowed to interact
with the content of their choice anywhere on the Internet.
The concept of Net Neutrality is grounded in traditional “common
carriage” concepts. Because carriers of goods, people, and information can
be considered common carriers, common carriage concepts have been
applied to trains, planes, buses, and telephone companies. Common carriage
principles embody the ideal that the efficient movement of goods and
information is essential to our economy, nation, and culture, and therefore
carriers must not discriminate against or favor particular individuals or
content.
If common carriers are truly public goods, it can be argued that these
modes of conveyance should not discriminate with regard to what they carry
or where they carry it. This also means that the carrier should not be held
liable for carrying things that may be harmful. For example, if a terrorist
C5-2
uses a subway to travel to the site of a terrorist act, the subway cannot be
sued for being complicit in terrorism.
Telecommunication carriers have been classified as common carriers for
more than 100 years, dating back to the early days of the telegraph. Nearly
half a century has passed since the Federal Communications Commission
(FCC) determined that the telephone network should be an open platform
over which computer networks can be created. As a result of the
Carterphone case, the FCC resolved that individuals had the right to attach
devices of their choosing to the telephone network [BOSW12]. This opened
the door for data communication devices such as fax machines and modems
to be attached to telephone lines, thereby making it possible to create
computer networks over the telephone network. In essence, court and
regulatory rulings in the U.S. created an environment that fostered the idea
that computer networks could be constructed to go anywhere the telephone
network could take them using devices that could carry just about any type
of content. The decisions made by courts and regulatory agencies that
opened the door for telephone networks to carry data generated by
computers were largely consistent with traditional common carriage
concepts. However, the emergence of the World Wide Web and the
increased popularity of broadband access that it generated added a ...
#IFCLA2014 keynote 'Open internet and Open access to law'Chris Marsden
Net neutrality has evolved in the past 4 months from a regulatory edict that was overcome by the US Appeal Court 14 January 14 decision in Verizon v. FCC 740 F.3d 623 (2014), to a strong European law passed at First Reading by the outgoing Parliament on 3 April 2014. Chris Marsden is author of the first legal research treatise on the subject Net Neutrality: Towards a Co-Regulatory Solution (January 2010, 2nd edition due 2016) and advisor to several governments and international organisations on net neutrality. He will explain what is in the new European law, contrast it with the FCC regulatory proceedings and case law, and identify a solution to the legislative and regulatory logjams on both sides of the Atlantic. The solution needs to both satisfy consumer advocates that access to the open Internet will constantly increase in quality, as well as satisfying service provider demands for adequate incentives to invest in high-speed lanes, known as ‘Specialised Services’. He will also speak about open access to the law. There is a strong connection between open access to the Internet and to the law. Without an adequate Internet connection in the office, at home and on the move, it does not matter how good a legal app is. Marsden will analyse the increasing tendency towards providing wider access to legislation, case law and commentary by governments, publishers and law firms. There are several European projects funded by the European Commission DG Justice such as www.openlaws.eu and EUCases, as well as national projects such as #goodlaw and legislation.gov.uk, that are making use of the Internet to provide a much richer experience in ‘mashing up’ existing databases for lawyers to tailor to their (and their clients’) needs. His analysis of open access to law is based on his forthcoming article in Computers & Law, and forms part of a two-year ongoing multinational research project.
When the Chair is Empty… How Do We Provide FAPE When Students Aren’t In School?Best Best and Krieger LLP
Chronic Absenteeism and Truancy:
1) Why Do We Care So Much?
2) Applicable Rules Requiring District Action.
3) Legal Challenges and Practical Ways to Successfully Blend Statutory Obligations to Help Ensure Student Success.
Best Best & Krieger LLP attorney Sarah Owsowitz and Matt Klopfenstein, the legislative and legal advisor at Gonzalez, Quintana, Hunter & Cruz, LLC, recently presented a Legislative Update to the Association of Environmental Professionals San Francisco Bay Area Chapter.
On-Body Cameras: Answering Tough Questions from Empirical and Legal StandardsBest Best and Krieger LLP
Best Best & Krieger attorney Jordan E.A. Ferguson delivered a presentation titled, "On-Body Cameras: Answering Tough Questions from Empirical and Legal Standards." In his presentation (below), Jordan discusses the promises and challenges of law enforcement use of body-worn cameras, establishing policies surrounding their use and the privacy, data retention and criminal justice issues that go along with them.
The Sharing Economy: Uber and Airbnb – Can They Exist in a Regulated World? W...Best Best and Krieger LLP
Best Best & Krieger attorney Jordan Ferguson was part of a panel discussion entitled, “The Sharing Economy: Uber and Airbnb – Can They Exist in a Regulated World? Will They Save of Destroy Your Community?” The panelists discussed how cities have responded to the emergence of the sharing economy with everything from new ordinances to expanded code enforcement efforts. Learn more about the sharing economy in the presentation (below). www.bbklaw.com
How communities can protect themselves and their citizens through local reviews of the proposed merger (where permitted by a local franchise or state law); and by filing comments with the Federal Communications Commission, to either deny the merger, or to establish merger conditions.
Topics discussed:
- New Legislation - Private Employers
- New Legislation - Public Employers
- Wage and Hour Law
- Disability, Discrimination and Medical Leaves
- Discrimination, Harassment and Retaliation
- Religion in the Workplace
- Update: Public Agency Case Studies
BB&K Labor & Employment Practice Group Presenters:
Alison Alpert, Partner (San Diego, CA)
Cynthia Germano, Partner (Riverside, CA)
Joseph Ortiz, Partner (Riverside, CA)
Arlene Prater, Partner (San Diego, CA)
Lowell Zeta, Associate (Riverside, CA)
Public Private Partnerships: From Economic Development to Local-Serving Infr...Best Best and Krieger LLP
Local jurisdictions are considering (and developer are encouraging) various forms of public-private partnerships to attract and sustain economic development. In California there is growth in the use of P3’s for local serving infrastructure procurement (water, wastewater, etc.) and evaluation of various local authority (zoning, land use, police power, etc.) to replace redevelopment and tax increment financing.
Transcript: Selling digital books in 2024: Insights from industry leaders - T...BookNet Canada
The publishing industry has been selling digital audiobooks and ebooks for over a decade and has found its groove. What’s changed? What has stayed the same? Where do we go from here? Join a group of leading sales peers from across the industry for a conversation about the lessons learned since the popularization of digital books, best practices, digital book supply chain management, and more.
Link to video recording: https://bnctechforum.ca/sessions/selling-digital-books-in-2024-insights-from-industry-leaders/
Presented by BookNet Canada on May 28, 2024, with support from the Department of Canadian Heritage.
Search and Society: Reimagining Information Access for Radical FuturesBhaskar Mitra
The field of Information retrieval (IR) is currently undergoing a transformative shift, at least partly due to the emerging applications of generative AI to information access. In this talk, we will deliberate on the sociotechnical implications of generative AI for information access. We will argue that there is both a critical necessity and an exciting opportunity for the IR community to re-center our research agendas on societal needs while dismantling the artificial separation between the work on fairness, accountability, transparency, and ethics in IR and the rest of IR research. Instead of adopting a reactionary strategy of trying to mitigate potential social harms from emerging technologies, the community should aim to proactively set the research agenda for the kinds of systems we should build inspired by diverse explicitly stated sociotechnical imaginaries. The sociotechnical imaginaries that underpin the design and development of information access technologies needs to be explicitly articulated, and we need to develop theories of change in context of these diverse perspectives. Our guiding future imaginaries must be informed by other academic fields, such as democratic theory and critical theory, and should be co-developed with social science scholars, legal scholars, civil rights and social justice activists, and artists, among others.
Software Delivery At the Speed of AI: Inflectra Invests In AI-Powered QualityInflectra
In this insightful webinar, Inflectra explores how artificial intelligence (AI) is transforming software development and testing. Discover how AI-powered tools are revolutionizing every stage of the software development lifecycle (SDLC), from design and prototyping to testing, deployment, and monitoring.
Learn about:
• The Future of Testing: How AI is shifting testing towards verification, analysis, and higher-level skills, while reducing repetitive tasks.
• Test Automation: How AI-powered test case generation, optimization, and self-healing tests are making testing more efficient and effective.
• Visual Testing: Explore the emerging capabilities of AI in visual testing and how it's set to revolutionize UI verification.
• Inflectra's AI Solutions: See demonstrations of Inflectra's cutting-edge AI tools like the ChatGPT plugin and Azure Open AI platform, designed to streamline your testing process.
Whether you're a developer, tester, or QA professional, this webinar will give you valuable insights into how AI is shaping the future of software delivery.
Dev Dives: Train smarter, not harder – active learning and UiPath LLMs for do...UiPathCommunity
💥 Speed, accuracy, and scaling – discover the superpowers of GenAI in action with UiPath Document Understanding and Communications Mining™:
See how to accelerate model training and optimize model performance with active learning
Learn about the latest enhancements to out-of-the-box document processing – with little to no training required
Get an exclusive demo of the new family of UiPath LLMs – GenAI models specialized for processing different types of documents and messages
This is a hands-on session specifically designed for automation developers and AI enthusiasts seeking to enhance their knowledge in leveraging the latest intelligent document processing capabilities offered by UiPath.
Speakers:
👨🏫 Andras Palfi, Senior Product Manager, UiPath
👩🏫 Lenka Dulovicova, Product Program Manager, UiPath
JMeter webinar - integration with InfluxDB and GrafanaRTTS
Watch this recorded webinar about real-time monitoring of application performance. See how to integrate Apache JMeter, the open-source leader in performance testing, with InfluxDB, the open-source time-series database, and Grafana, the open-source analytics and visualization application.
In this webinar, we will review the benefits of leveraging InfluxDB and Grafana when executing load tests and demonstrate how these tools are used to visualize performance metrics.
Length: 30 minutes
Session Overview
-------------------------------------------
During this webinar, we will cover the following topics while demonstrating the integrations of JMeter, InfluxDB and Grafana:
- What out-of-the-box solutions are available for real-time monitoring JMeter tests?
- What are the benefits of integrating InfluxDB and Grafana into the load testing stack?
- Which features are provided by Grafana?
- Demonstration of InfluxDB and Grafana using a practice web application
To view the webinar recording, go to:
https://www.rttsweb.com/jmeter-integration-webinar
State of ICS and IoT Cyber Threat Landscape Report 2024 previewPrayukth K V
The IoT and OT threat landscape report has been prepared by the Threat Research Team at Sectrio using data from Sectrio, cyber threat intelligence farming facilities spread across over 85 cities around the world. In addition, Sectrio also runs AI-based advanced threat and payload engagement facilities that serve as sinks to attract and engage sophisticated threat actors, and newer malware including new variants and latent threats that are at an earlier stage of development.
The latest edition of the OT/ICS and IoT security Threat Landscape Report 2024 also covers:
State of global ICS asset and network exposure
Sectoral targets and attacks as well as the cost of ransom
Global APT activity, AI usage, actor and tactic profiles, and implications
Rise in volumes of AI-powered cyberattacks
Major cyber events in 2024
Malware and malicious payload trends
Cyberattack types and targets
Vulnerability exploit attempts on CVEs
Attacks on counties – USA
Expansion of bot farms – how, where, and why
In-depth analysis of the cyber threat landscape across North America, South America, Europe, APAC, and the Middle East
Why are attacks on smart factories rising?
Cyber risk predictions
Axis of attacks – Europe
Systemic attacks in the Middle East
Download the full report from here:
https://sectrio.com/resources/ot-threat-landscape-reports/sectrio-releases-ot-ics-and-iot-security-threat-landscape-report-2024/
PHP Frameworks: I want to break free (IPC Berlin 2024)Ralf Eggert
In this presentation, we examine the challenges and limitations of relying too heavily on PHP frameworks in web development. We discuss the history of PHP and its frameworks to understand how this dependence has evolved. The focus will be on providing concrete tips and strategies to reduce reliance on these frameworks, based on real-world examples and practical considerations. The goal is to equip developers with the skills and knowledge to create more flexible and future-proof web applications. We'll explore the importance of maintaining autonomy in a rapidly changing tech landscape and how to make informed decisions in PHP development.
This talk is aimed at encouraging a more independent approach to using PHP frameworks, moving towards a more flexible and future-proof approach to PHP development.
Key Trends Shaping the Future of Infrastructure.pdfCheryl Hung
Keynote at DIGIT West Expo, Glasgow on 29 May 2024.
Cheryl Hung, ochery.com
Sr Director, Infrastructure Ecosystem, Arm.
The key trends across hardware, cloud and open-source; exploring how these areas are likely to mature and develop over the short and long-term, and then considering how organisations can position themselves to adapt and thrive.
Smart TV Buyer Insights Survey 2024 by 91mobiles.pdf91mobiles
91mobiles recently conducted a Smart TV Buyer Insights Survey in which we asked over 3,000 respondents about the TV they own, aspects they look at on a new TV, and their TV buying preferences.
GraphRAG is All You need? LLM & Knowledge GraphGuy Korland
Guy Korland, CEO and Co-founder of FalkorDB, will review two articles on the integration of language models with knowledge graphs.
1. Unifying Large Language Models and Knowledge Graphs: A Roadmap.
https://arxiv.org/abs/2306.08302
2. Microsoft Research's GraphRAG paper and a review paper on various uses of knowledge graphs:
https://www.microsoft.com/en-us/research/blog/graphrag-unlocking-llm-discovery-on-narrative-private-data/
2. Telecommunications Law
IP Transition and Net Neutrality:
Why Local Governments Should Care
PRESENTED BY
Joseph Van Eaton, Partner
Best Best & Krieger LLP
IMLA MID-YEAR SEMINAR
Anchorage, AK
3. Telecommunications Law
Background – the Public Switched
Telephone Network: 1913
First Meeting of the Alaska Legislature – and the Year of the Kingsbury Commitment
4. Telecommunications Law
The Network Compact
• Universal Service
• Competition & Interconnection
• Consumer Protection
• Network Reliability
• Public Safety
5. Telecommunications Law
IP Transition: What Is It?
• Replacement of traditional public switched telephone
network (PSTN) with a network based around the IP
protocol – a packet-switched v. circuit switched
network
• “We stand today at the precipice of a very different
technology transition -- the turning off of the legacy
suite of services that has served our nation well.”
In re Tech. Transitions; AT&T Petition; Connect Am. Fund
et al., 29 FCC Rcd 1433, 1436 (F.C.C. 2014)
8. Telecommunications Law
IP Transition
• Potentially much more efficient network
carriers claim duplicative systems now being maintained
• Multi-purpose network – not designed for voice
• Not wireless or wireline – could be a combination of
the many different networks
• Does NOT mean Internet everywhere
9. Telecommunications Law
IP Transition
• BUT – the network also may not function the way you
assume it will function
Verizon Voice Link
May not be as reliable in power outages
Some functions may not work (9-1-1; Life Alert; Faxes;
Credit Card Machines) or require substantially more
expensive services
• AND transition creates significant questions as
to what regulatory rights and obligations are…
10. Telecommunications Law
IP Transition – Legal Issues
• FCC has not resolved legal issues, and merely
recognizes that the legal issues are significant:
Interconnection – will there be interconnection obligations?
How will the services be classified? And how will that
affect universal service obligations, and obligations to
provide services
Will states be in a position to protect consumers –
and will they have any role in regulation of IP-
enabled services?
• 27 states have passed ALEC-sponsored deregulatory
legislation, including legislation prohibiting regulation of
IP systems
11. Telecommunications Law
IP Transition
• Will rural areas be cut off from new IP networks?
• Will networks be less reliable in the event of
emergency?
• Will networks provide basic services at a
reasonable quality and price?
• Will the network be secure?
12. Telecommunications Law
What FCC Is Doing
• In January, issued Order seeking proposals for test of
shift from legacy to IP networks (meaning, in some
specific geographic areas, network services will be
shifted to IP).
• Order is designed to determine real-world impacts,
with goal of preserving Network Compact: “as
networks transition, public safety is assured, access is
universal, competition is promoted, consumers are
protected, and the nation remains well-served by its
critical communications infrastructure…”
13. Telecommunications Law
Why You Should Be Concerned
• The transition is occurring and will occur. You
are affected operationally and budgetarily
As the front line for public safety
As the agency closest to the public, and most
responsible for ensuring your community has
infrastructure necessary for economic development
As a key customer for reliable services
14. Telecommunications Law
Why You Should Be Concerned
• Will the compact under which providers
obtained access to city property be maintained?
And if not, what are your rights?
• Will your tax codes, franchise fee provisions
and other fee provisions reach the services as
they may be redefined – or are they technology
or location dependent?
15. Telecommunications Law
Net Neutrality- Background
• In the Matter of Protecting and Promoting the Open Internet,
GN Docket No. 14-28, NOTICE OF PROPOSED
RULEMAKING (Adopted: May 15, 2014)
• Comment Date: July 15, 2014
• Reply Comment Date: September 10, 2014
• http://www.fcc.gov/document/protecting-and-promoting-open-
internet-nprm
• http://www.fcc.gov/document/fact-sheet-protecting-and-
promoting-open-internet
• 2014 FCC LEXIS 1689
• Workshop On The Future Of Broadband Regulation At FCC May 29-30,
2014
16. Telecommunications Law
Net Neutrality - Background
• Refers to treatment of traffic once on an Internet Service
Provider’s network
• Internet Operation – Traditionally
Internet service was treated as a common carrier service
Provider sold service to end user
End user could access any lawful site
While end user could buy different levels of service, basically, all similar
traffic was treated identically, and “edge provider” was NOT charged
• Beginning in 2002, FCC issued decisions classifying Internet
service as an “information service,” not subject to common
carrier regulation
17. Telecommunications Law
Net Neutrality - Background
• FCC also adopted a series of “openness” principles designed to
prevent ISPs (including cable operators and telephone
companies) from blocking certain Internet traffic
• In Preserving the Open Internet, GN Docket No. 09-191, WC
Docket No. 07-52, Report and Order, 25 FCC Rcd 17905,
17910, para. 13 (2010) (Open Internet Order or Order), FCC
adopted open Internet rules:
Transparency
No blocking
No discrimination
• Decision aff'd in part, vacated and remanded in part sub nom.
Verizon v. FCC, 740 F.3d 623 (D.C. Cir. 2014).
18. Telecommunications Law
Net Neutrality – Why It Matters
• Broadband providers have ability and incentive to block, and to
discriminate against certain services – a “real threat, not merely
a hypothetical concern”
• “[T]he Internet's open architecture allows innovators and
consumers at the edges of the network "to create and determine
the success or failure of content, applications, services and
devices," without requiring permission from the broadband
provider…[a]s an open platform, it fosters diversity and it
enables people to build communities.” Order, para. 1
• An open Internet fosters innovation, which leads to economic
growth, provides new opportunities for civic
engagement/providing new educational opportunities
19. Telecommunications Law
Net Neutrality – Why It Matters
• App economy responsible for 752,000 jobs, from zero in 2007
• 87% of Americans use the Internet, compared to 14 per cent in
1995
• E-commerce marketplace of $263.3 billion
• $250 billion in private capital invested as part of virtual cycle:
innovations leads to demand, demand leads to investment,
investment leads to network improvements, improvements
allow new innovations
• Tablet use growing from zero in 2010 to 160 million users by
2016
• Key question “what is the right public policy to ensure the
Internet remains open?” Order, para 2.
20. Telecommunications Law
Net Neutrality - Options
• No regulation – allow the market place to
control
• Move back to common carrier regulation
[issue: is common carrier regulation too
burdensome]
• Adopt a new approach that allows creation of
“fast lanes” on the Internet
• Something else?
21. Telecommunications Law
Net Neutrality - Options
• No regulation – allow the market place to
control
• Move back to common carrier regulation
[issue: is common carrier regulation too
burdensome]
• Adopt a new approach that allows creation of
“fast lanes” on the Internet
• Something else?
22. Telecommunications Law
Net Neutrality – Life in the Fast Lane
• Enhanced transparency rules – so consumers and edge
providers understand network practices (and can choose or
place pressure on providers to change practices)
• Re-adoption of “no blocking rule,” with clarification that
broadband providers can negotiate individualized arrangements
with “edge providers” so long as they do not “degrade lawful
content or services to below a minimum level of access”
• Broadband providers required to use “commercially
reasonable” practices in provision of broadband service.
• Commercial reasonableness based on totality of circumstances
– anything that threatens to harm Internet openness in
prohibited
• Case by Case determination
23. Telecommunications Law
Net Neutrality – Particular Issues for
Local Gov’t
• The open Internet serves as a critical platform for speech and
civic engagement….[T]he ability of citizens and content
providers to use this open platform…at very low costs drives
further Internet use, consumer demand, and broadband
investment and deployment. We therefore propose to adopt a
factor or factors in applying the commercially reasonable
standard that assess the impact of broadband provider practices
on free exercise of speech and civic engagement.
• “We… seek comment on the role that the open Internet has for
public institutions, such as public and school libraries, research
libraries, and colleges and universities…”
24. Telecommunications Law
Net Neutrality – How Would It Work
Wheeler:
• “If the network operator slowed the speed below that which the
consumer bought (for reasons other than reasonable network
management), it would be… commercially unreasonable…”
• If operator blocked access to lawful content, it would violate
“no blocking rule and be commercially unreasonable…”
• “When content provided by a firm such as Netflix reaches the
consumer's network provider it would be commercially
unreasonable to charge the content provider to use the
bandwidth for which the consumer had already paid…”
• “When a consumer buys specified capacity from a network
provider he or she is buying open capacity, not capacity the
network can prioritize for its own profit purposes.”
25. Telecommunications Law
Net Neutrality – Concern
• “Minimum service” levels will be locked in at current levels
• Providers who need additional speed, capabilities, or to avoid
data caps will be required to negotiate agreements with Internet
service providers
• Significant concern for development of high-capacity
applications related to e-health, e-planning and permitting, or
that require significant capacity up and downstream
• Money will flow to creation of the “fast lane” and away from
development of the public Internet
• What would be the effect on your community if Internet
capabilities had been frozen to 2007 levels? Or you had to pay
to reach your residents with higher-quality services?
26. Telecommunications Law 26
QUESTIONS?
Joseph Van Eaton
Best Best & Krieger LLP
2000 Pennsylvania Avenue N.W.
Suite 4300
Washington, DC 20006
(202) 370-5309
Joseph.VanEaton@bbklaw.com
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