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Louis Jacobson
By Louis Jacobson September 22, 2009
Back to Support network neutrality on the Internet

FCC chairman outlines plan for enacting Net neutrality

Federal Communications Commission chairman Julius Genachowski cheered consumer advocates — and worried Internet service providers — on Sept. 21, 2009, when he announced that his agency would seek to establish new rules on "Net neutrality," the principle that all Internet traffic should be treated equally.

The issue has been debated and lobbied for roughly a decade. Generally speaking, consumer groups want to make sure that Internet providers aren't able to sign exclusive deals with certain Web sites to give their customers preferential access. Without an affirmative policy of Net neutrality, consumer advocates argue, the World Wide Web would lose its egalitarian nature. Some electronic retailers also prefer the Net neutrality approach, fearing that they could either be gouged by service providers in their quest to secure fast access or see their customers given slower connections. Consumer groups also argue that in the absence of Net neutrality, service providers would be able to block content that competes with their own subsidiaries or affiliates.

Service providers, for their part, worry that Net neutrality rules could limit their ability to compete and find new sources of revenue, and that it could make it harder for them to manage their network traffic efficiently. In addition, individual sectors of the industry, such as cable and wireless providers, are split over how to write the rules so that their industry is not hurt.

In his Sept. 21, 2009, speech at the Brookings Institution, Genachowski said he would introduce a notice of proposed rulemaking at the FCC's October meeting. That would initiate a formal feedback process that could culminate in a new set of rules that would be based on four principles that the FCC has already been adhering to, plus two new ones.

The existing principles say that consumers should have access to their choice of Internet content, software and services; that they should be able to connect their devices to the network; and that providers should be subject to competition.

One of the new principles is that the FCC "would prevent Internet access providers from discriminating against particular Internet content or applications, while allowing for reasonable network management," Genachowski said. The second "would ensure that Internet access providers are transparent about the network management practices they implement."

Genachowski also proposed clarifying that all six principles apply to all platforms that access the Internet, including wireless networks.

"The Internet is an extraordinary platform for innovation, job creation, investment, and opportunity," Genachowski said in his speech. "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 proposal is certain to start a vocal and well-funded debate, and there is no guarantee that Genachowski will be able to get the votes needed on the commission to approve a set of regulations that complies with President Barack Obama's promise. Members of Congress could also seek to block the regulation. Still, Genachowski's move represents a big step toward Obama's goal, so we rate this promise In the Works.

Our Sources

Federal Communications Commission, news release on speech by FCC Chairman Julius Genachowski at the Brookings Institution, Sept. 21, 2009

Julius Genachowski, prepared remarks for a speech at the Brookings Institution, Sept. 21, 2009

IDG News Service/PCWorld.com, " FCC Chairman Calls for Formal Net Neutrality Rules ," Sept. 21, 2009

New York Times, " F.C.C. Seeks to Protect Free Flow of Internet Data ," Sept. 18, 2009

Wall Street Journal, "Net-Neutrality Speech Draws Strong Reactions," Sept. 21, 2009

Consumers Union and Consumer Federation of America, statement on Net neutrality, Sept. 21, 2009

CTIA–The Wireless Association, statement on Net neutrality, Sept. 21, 2009