Net Neutrality, Week 1, Blog 6, CIT 173

Let me state right out front that I am in favor of the principles of Net Neutrality, and I do not see any way to enforce it other than government action. It is important to realize that in almost all parts of the world (including the U.S.) ISP providers have a virtual monopoly, and due to the technology of the internet, it is impossible to enforce competition through antitrust laws. When there are at most 2 or 3, and often only 1 ISP provider available, competition simply can not regulate the marketplace. If ISP providers have the ability to deny or degrade service for any company, and those companies have no recourse, than the principle of an open marketplace and open internet is destroyed. ISP companies have more in common with public utilities than with competitive private companies. ISP companies already make a very good profit of what they charge us all for internet access, to make additional profits by denying us access unless the organization we are looking for pays what amounts to blackmail, is simply unfair.

Having said this, I must admit to being very uncomfortable with the FCC using its power to regulate the airwaves to get around the courts and laws. Television and other broadcast information sources are already not covered by the freedom of the press clause, as they are licensed by the FCC, and these licenses can be revoked at any time. For the FCC to make link licenses for the airwaves to ISP providers willingness to obey whatever rules the government wants to impose (as below) is a frightening precedent.

2008 the FCC auctioned a portion of the publicly owned airwaves to Google under the terms that Google would:
• Open applications: Consumers should be able to download and utilize any software applications, content, or services they desire;
• Open devices: Consumers should be able to utilize a handheld communications device with whatever wireless network they prefer;
• Open services: Third parties (resellers) should be able to acquire wireless services from a 700 MHz licensee on a wholesale basis, based on reasonably nondiscriminatory commercial terms;
• Open networks: Third parties, such as Internet service providers, should be able to interconnect at any technically feasible point in a 700 MHz licensee's wireless network.
Quoted from: http://en.wikipedia.org/wiki/Network_neutrality

The following is a dirct quote from ^ "Policy statement". Federal Communications Commission. Retrieved 26 August 2009.
In 2005, the U.S. Federal Communications Commission (FCC) issued a Broadband Policy Statement (also known as the Internet Policy Statement), which lists four principles of open Internet,[16] "To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, consumers are entitled to:"
• access the lawful Internet content of their choice.
• run applications and use services of their choice, subject to the needs of law enforcement.
• connect their choice of legal devices that do not harm the network.
• competition among network providers, application and service providers, and content providers.

The whole Net Neutrality issue arose when the company Level 3, owner of Netflicks, sued Comcast for raising their rates. Level 3 said this was an unfair business practice, and Comcast claimed that level 3 itself was using unfair practices, and should be charged more for the extra bandwidth the required. Comcast won the law suite, however later the FCC ruled against Comcast, and required them to stop this practice.

In April, 2011 a Federal court ruled that The FCC does not have the authority to make this ruling. Now it is in the hands of Congress to change the law, and give The FCC the right to regulate ISP providers. Where this will go is anyone’s guess.

SOURCES
http://en.wikipedia.org/wiki/Network_neutrality
http://www.pcmag.com/article2/0,2817,2374638,00.asp
http://gigaom.com/2010/11/29/forget-net-neutrality-comcast-might-break-the-web/
http://www.nytimes.com/2010/04/07/technology/07net.html
http://washingtonexaminer.com/blogs/beltway-confidential/court-rules-039net-neutrality039-comcast-atampt-win-google-amazon-lose