This is from the second speaker at the conference yesterday.
How the FCC Proposes the Regulate Broadband Legal Authority * Many recommendations call into question whether the FCC has the authority to act. For example: * USF reform - Does the FCC have authority to add Broadband to USF? * ICC reform - Does the FCC have authority to mandate changes to state access rates? * Comcast v. FCC April 6, 2010 Court Opinion * Comcast argued that the FCC did not have authority to regulate how Comcast managed its network. * Appellate Court (DC Circuit): 3 judge panel unanimously agreed with Comcast. * FCC was left without a legal foundation providing the necessary authority to enforce its Network Neutrality principles. * Cast doubt on the ability to regulate Broadband under Title 1. * FCC Proposes a THIRD WAY to Regulate Broadband * Appeal Comcast decision * Not likely to succeed as the vote was 3-0 in favor of Comcast * Go to Congress and get specific authority * Too long of a process * 1. Reinforce its ancillary authority argument * Suggested by the Court but not considered by the FCC because of scope issues. * 2. Reclassify Internet communications as telecommunications service to restore direct authority over Broadband communication networks * 3. THIRD WAY - Move all Broadband Internet access service to Title II and lightly regulate this service * Who is the Target? * Rural Carriers offer Broadband Internet access service as a Title II telecommunications service (no effect) * RBOC's, wireless, cable and Broadband over powerline providers offer Broadband Internet access Service as Title 1. * These are the providers that will be subject to Title II regulations * These entities can and will push back very hard * Purpose of the THIRD WAY * The Third Way isn't about Network Neutrality. * The proposed Title II regulation of Broadband Internet access service does not regulate or control the entire transport to the Internet cloud * The Third Way IS about regulation of last mile Broadband for other purposes. * "At the outset, it must be made absolutely clear that the issue of reclassification goes far beyond our open Internet proceeding. It involves some of the most important parts of our National Broadband Plan - universal service, privacy, transparency, and cyber security. Without reclassification, the road to achieving each of those issues is laden with land mines and likely to fail." Commissioner Mignon Clyburn - May 11, 2010 * Propsed Regulations * Section 201 * Requires Internet providers to interconnect and charge reasonable rates * Section 202 * Prevents price and service discrimination * Section 208 * Sets up FCC Complaint processes * Section 222 * Protects customer privacy and proprietary commercial information * Section 254 * Allows use of Universal Service Fund for Broadband * Section 255 * Ensures disability access * Problems with the Third Way * Major push back on this approach by the target providers (not Title II presently) * Problem achieving the goal of the reform - The Third Way doesn't deliver Network Neutrality for example. * Effective regulation of Broadband has to include "customer-to-cloud" transmission. This approach only addresses the last mile and ignores the middle mile transmission. * Avoids regulation of any services provided over the transmission. * Effort is initiated to ensure Net Neutral principles. However, the management of the pipe does not need to be with the pipe provider, instead it can be with the ISP managing and controlling the middle mile to the Internet * The effort includes USF reform * Section 254 requires that USF be used for telecom service. If Broadband isn't a telecom service, the whole notion of USF reform can't happen easily under the NBP. * Next Steps for Title "I.V" * FCC will issue a Notice of Inquiry (NOI) on the matter. * FCC has announced that it will move straight to a Declaratory Ruling after the NOI. * FCC has to create a record that allows the reversal of numerous prior decisions. * This will be a very complicated process Respectfully, Rick Harnish President WISPA 260-307-4000 cell 866-317-2851 WISPA Office Skype: rick.harnish. rharn...@wispa.org -------------------------------------------------------------------------------- WISPA Wants You! Join today! http://signup.wispa.org/ -------------------------------------------------------------------------------- WISPA Wireless List: wireless@wispa.org Subscribe/Unsubscribe: http://lists.wispa.org/mailman/listinfo/wireless Archives: http://lists.wispa.org/pipermail/wireless/
