On 02/27/2015 02:14 PM, Jim Richardson wrote:
From 47CFR§8.5b
(b) A person engaged in the provision of mobile broadband Internet
access service, insofar as such person is so engaged, shall not block
consumers from accessing lawful Web sites, subject to reasonable
network management; nor shall such person block applications that
compete with the provider's voice or video telephony services, subject
to reasonable network management.
What's a "lawful" web site?
That would likely be determined on a case-by-case basis during
Commission review of a complaint, I would imagine, with each FCC
document related to each case becoming part of the collection of
precedent (whether said document is a NAL, NOV, or R&O would be somewhat
immaterial). The obvious answer is 'a website that has no illegal
content' but once something is brought to a hearing, what is 'obvious'
doesn't really matter.
If you want to read about the types of rationale that can be used to
determine terms like 'lawful' in this context, search through
Enforcement Bureau actions relating to 47CFR§73.3999 "Enforcement of
18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent
material)." For more technical considerations, you might find the
collection of precedent on what satisfies 47CFR§73.1300, 1350, and 1400
to be more interesting reading, if you're into this sort of arcana.
