The Jeff Pulver Blog: A Last-Minute Plea to the FCC on Behalf of the Internet and Its Users:

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August 04, 2005

A Last-Minute Plea to the FCC on Behalf of the Internet and Its Users:

In the morning, the FCC will likely adopt an Order that might do grave damage to the ability of Internet users to obtain access to ISPs and Internet application providers that are not affiliated with the user’s broadband access provider. The FCC will likely adopt an Order in its Wireline Broadband proceeding that will largely remove DSL and other wireline broadband access services from Title II telecom regulation, under the guise of leveling the playing field between the ILECs and cablecos. This might sound deregulatory, and I do believe that unleashing the broadband providers to deploy more robust broadband pipes is generally a good thing. But, as I have said repeatedly in annals of this weblog, users still need some guarantee that they will have unfettered access to the Internet. In the process of deregulating the Bells and cablecos, the FCC needs to build a backstop to ensure that the consumer may maximize their Internet experience. In particular, the FCC should explicitly preclude port-block and other actions that might limit the user’s access to the Internet. Without reliance on Title II or a solid explanation as to how Title I ensures a user’s net freedom, I don’t know that users, carriers, application providers, enforcers and other regulators, and jurists will know whether or not a last-mile access provider might deny the user access to unaffiliated Internet application and content providers.

Ironically, at the same meeting in the morning, the FCC will likely also vote to impose CALEA obligations on “Interconnected VoIP Service Providers” (the same test used to determine which VoIP providers are now subject to traditional E911 obligations). So, in one fell swoop the FCC will further deregulate the historically regulated and regulate the previously never regulated (at least pre-E911 for VoIP Order).

So, if anyone spins the day as a triumph for deregulation and the free market, look a little closer. The Internet is getting regulated for the first time, while telecom is deregulated. Regulate the overly competitive application market? Deregulate the barely competitive access market? Something is backwards.

On the bright side, if the FCC found a way to use Title I to impose CALEA obligations on non-telecom carriers, perhaps the FCC can find a way to impose net freedom obligations via Title I on those it will deregulate in the morning.

* * *

So, here is my last plea to the FCC on the eve of Wireline Broadband deregulation and Internet regulation:

As the FCC moves forward to classify broadband access service as an “information service,” I urge you to adopt simple but effective user empowerment rules. It is critical that the Commission include enforceable rules as a companion to its broadband reclassification item to ensure that consumers are able to access the content and utilize the applications and services offered over our nation’s broadband networks.

User empowerment rules, that allow for swift, certain and meaningful enforcement -- with awards that justify the initiation of complaints by aggrieved consumers or unaffiliated application providers, and with penalties that compel compliance -- are critical to ensuring that network operators and owners are not able to unreasonably and unlawfully restrict consumer choice by blocking or impairing services accessed over devices connected to broadband connections. End-users and service providers must be able to seek redress with the Commission for any incidents of discriminatory treatment in violation of the user empowerment rules. By including such rules as part of the Commission’s decision regarding the regulatory classification of broadband access services, the Commission will be making the necessary commitment to prevent blocking, disruption, or discrimination, thereby ensuring consumers and providers that the Commission promptly will review and resolve all valid complaints.

I further urge the Commission to acknowledge its authority to adopt enforceable user empowerment rules pursuant to its Title I jurisdiction as also acknowledged by the Supreme Court in the Brand X decision.

I believe it is essential that users are allowed, to the fullest extent possible, to control their own communications experience as users of the Internet and IP-enabled communications. Specifically, I believe that the Commission should adopt, as a baseline, the following user empowerment rules as essential to protecting the interests of users subscribing to broadband service and seeking access to a multitude of applications and services over their broadband networks:
o Users should have access to their choice of legal content;

o Users should be able to run applications of their choice;

o Users should be permitted to attach any devices they choose to their broadband connection;

o Users should be able to obtain Internet access on a standalone basis or in combination with those applications or service providers of the end user’s own choosing; and

o Users should know that their personal information is safeguarded, except to the extent necessary to abide by emergency services and law enforcement obligations.

I call for vigilant monitoring of broadband access services as well as a commitment by the Commission to expeditiously review and resolve any complaint concerning these user empowerment rules.

As Metcalfe’s law states, the power of any network is increased by the square of the number of people connected to it. Thus, adoption of enforceable user empowerment rules that encourage user connectivity and lawful network usage as well as innovation at the edge can geometrically increase the value of our nation’s broadband networks, benefiting not only consumers and providers but the U.S. economy as a whole.

Posted by jeff on August 4, 2005 05:01 PM | Permalink

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Hi, I did a report on Vonage for a class I took last year. The section I covered was the history of VoIP, so naturally I ran across your name and your involvement with VoIP, from when you first discovered internet phone up to the creation of your own company and your involvment with Vonage. I've read your blog on occasion. Even though my lack of knowledge in the telecommunications industry makes it difficult for me to understand its content, I appreciate your attempt to educate your readers.

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August 04, 2005

A Last-Minute Plea to the FCC on Behalf of the Internet and Its Users:

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