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<b><i>Online Extra</b></i>FCC Approves Net Neutrality Proposal

By Ed Silverstein
February 27, 2015

By a 3-to-2 vote, the Federal Communications Commission on Feb. 26 approved a significant change in rules to promote 'net neutrality.'

The Democratic majority on the FCC supported the new rules which relate to access to Internet bandwidth and Web traffic, while Republicans'opposed'them ' as do many telecom and cable providers.

'We will protect the values of an open Internet,' FCC Chairman Tom Wheeler said before the vote was taken. 'Today, history is being made by a majority of this commission as we vote for a fast, fair and open Internet.'

Many Republicans worry the new rules could block innovation involving the Internet. But if the rules are changed, there could be resulting lawsuits.

One important part of the new rules is that telecommunications companies such as Verizon or AT&T could not set up fast lanes to provide faster access to websites if they pay more for the service, according to the proposal. Nor could these companies make certain online content go slower than other items going over networks.

The FCC's new regulations apparently apply to wireless carriers, too, as smartphones and other mobile devices continue to gain popularity. Mobile carriers are among the likely ones to sue over the new rules.

Members of Congress are watching the events play out and the Republican majority could propose relevant legislation.

Last year, an FCC proposal on net neutrality was'rejected'by a federal appeals court. After that, Wheeler and the four other commissioners reached out to the public to get input before Wheeler introduced the new proposed rules. Republicans claim the White House interfered with the workings of the FCC. But some 4 million Americans sent in comments about the proposal.

'Consumers, entrepreneurs, librarians, teachers, doctors, writers, venture capitalists, state officials, edge providers, content providers ' filed comments in our proceeding wanting the FCC to know their views,' FCC Commissioner'Mignon Clyburn'said in September. 'The legal issues are, of course, important but, to me, it puts the cart before the horse. The critical question, as I see it, is first, determining the right policy, and when that is established, then and only then, determine the appropriate legal framework to achieve that result.'

Reaction

The FCC approved the new rules along party lines, and though some have suggested the new rules are like those that regulate utilities or are 'antiquated,' others disagree.

'The talk of the so-called 'utility-type' regulation and 'antiquated' rules is more rhetoric than a substantive argument,' said Pantelis Michalopoulos, head of the technology, Internet and media practice group at Steptoe & Johnson. 'The opponents of net neutrality do not mention any examples of what they mean.'

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