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Neither Fish Nor Fowl: New Strategies for Selective Regulation of Information Services, presented at 35th Annual Telecommunications Policy Research Conference George Mason University School of Law, Arlington, Virginia September 28-30, 2007
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1. Who is in favor of net neutrality? What reasons do they offer for this position?
2. What legal challenges are critics making against the FCC\'s rules? What three approaches are
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1. Net neutrality is the principle that Internet service providers and governments should treat all
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platform, application, type of attached equipment, or mode of communication. Nearly anyone
and any business not involved with the cable and phone companies supports keeping the Internet
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and religious groups, financial services, retailers as well as major Internet brands such as Google,
Yahoo!, Amazon.com, Earthlink, eBay, Intel, Microsoft, Skype, Vonage are fighting to keep the
Internet open.
2.The FCC just voted in favor of a strong net neutrality rule to keep the Internet open and free.A
legal fight against the Federal Communications Commission\'s new Internet traffic rules has
begun with a suit by the United States Telecom Association, an industry group that represents
companies including AT&T and Verizon. The FCC is honing in on three areas of oversight: the
blocking of access to any content, the \'throttling\' of Internet traffic (slowing it down for reasons
other than what may be technically necessary to maintain a network\'s operations), and paid
prioritization (in which providers may favor some Internet traffic over others by creating \'fast
lanes\' for websites and services that can pay for them). One of the key legal arguments to expect
in the months to come, according to Werbach, is that the FCC previously said a company can
either be a telecommunications service or an information service, but not both. ISPs may argue
that they are elements of both and that the FCC must prove that they are not information
companies before it can reclassify them, says Werbach.
3.It will be a long time before anything materialises. Netflix won\'t stream any faster for you and
ISPs won\'t stop investing in their networks or high speed fiber cables as a result. Internet service
providers say they back the concept. But they don\'t want to face more, costly regulation and
claim it would hurt the economy.
Their argument is the internet has been progressing just fine the way it is currently set up, thanks
in parts to their expensive investments in network upgrades that have improved the quality of
high-speed service and expanded its availability.
More regulation will cost them more money - money they would otherwise spend on expanding
and improving their networks, they say. That would have the trickle-down effect of hurting
b.
Wireless broadband
Wireless broadband provides high-speed Internet access over a wide area using wireless technology. It can offer speeds comparable to wired networks like DSL or cable. Fixed wireless networks use stationary connections that can support higher speeds than mobile networks. Wireless Internet service providers (WISPs) offer broadband wireless access, though maximum speeds are typically under 100 Mbps due to limitations of wireless technologies. Demand for wireless broadband in the US has increased the need for additional radio spectrum to be allocated for these services.
Internet service provider
An Internet service provider (ISP) is an organization that provides services to access and use the Internet. ISPs provide Internet access, hosting, email services, and connect other networks to transmit data. There are different types of ISPs including access providers that connect users, hosting ISPs that provide email and web hosting, transit ISPs that provide bandwidth between other networks, and wireless ISPs that provide connectivity over wireless networks. ISPs must comply with laws in many countries that require assisting law enforcement with monitoring certain user information and traffic as needed for investigations.
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The document provides a preliminary critique of the FCC's National Broadband Plan through the lens of adaptive policymaking. It outlines some of the plan's key findings and goals, such as expanding broadband access and increasing available spectrum. However, the critique notes concerns that the plan relies on outdated tools and concepts, lacks sufficient data collection beforehand, and does not fully address questions around the FCC's authority to regulate broadband.
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Tele-Connexions is a global provider of internet and telephony services. It aims to provide affordable communication services to markets undergoing deregulation, focusing on Europe, the Middle East, Africa, and the Caribbean. The company has established a global VoIP network and local points of presence in its target markets by signing agreements with affiliates. It offers various wholesale and retail voice, data, broadband, and satellite services. Tele-Connexions believes its competitive advantages include its technologies, experienced staff, flexible services, and status as an early entrant in its markets.
Thomas Rosch
COMMISSIONER THOMAS J. ROSCH FEDERAL TRADE COMMISSION-FTC, USA
J. Thomas Rosch was sworn in as a Commissioner of the Federal Trade Commission January
5, 2006, to a term that expires in September 2012.
Rosch joined the FTC from the San Francisco office of Latham & Watkins, where he was the
former managing partner and most recently a partner, working in the firm‟s antitrust and trade
practices group. Rosch served as chair of the American Bar Association‟s Antitrust Section in
1990, and he has chaired the California Bar Association‟s Antitrust Section. He served as the
FTC‟s Bureau of Consumer Protection director from 1973 to 1975, and in 1989 was a member
of the Special Committee to Study the Role of the FTC.
Nationally regarded for his antitrust and trade regulation law expertise and as a Fellow of the
American College of Trial Lawyers for more than 20 years, he has been lead counsel in more than 100 federal
and state court antitrust cases and has more than 40 years experience before the Bar. In 2003, Rosch was
honored as Antitrust Lawyer of the Year by the California State Bar Antitrust Section. He obtained his LLB from
Harvard University in 1965 and was a Knox Fellow at Cambridge in 1962.
Rosch is married with two children and four grandchildren.
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The document summarizes updates from the FCC and Congress regarding regulatory fees, spectrum transactions, and funding appropriations. It also provides updates on public safety broadband networks, the 4.9 GHz proceeding, conflicts of interest, Connect America funds, mobile phone health effects, cybersecurity legislation, the Tennis Channel carriage complaint, video competition reports, the mobility fund auction, E-Rate funding, USF/ICC reforms, and rural health care broadband support.
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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. .
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