FCC to Seek Best Legal Framework for Broadband Internet

On June 17, 2010, the The Federal Communications Commission opened a new proceeding to identify the legal approach that will best support its efforts to ensure universal access to affordable, high-quality broadband services; promote broadband innovation, investment, and competition; and protect and empower consumers. A Notice of Inquiry adopted by the agency begins a public process to consider possible frameworks for addressing the high-speed connections most consumers use to access the Internet.

A recent decision of the U.S. Court of Appeals for the D.C. Circuit cast doubt on prior understandings about the FCC's ability to ensure fair competition and provide consumers with basic protections when they use today's broadband Internet services. This action begins the process of identifying the best way forward to ensure a solid and narrowly tailored legal foundation for implementing key recommendations of the National Broadband Plan -- such as refocusing the federal universal service program on promoting broadband deployment and adoption, ensuring consumers have access to relevant information about their broadband services, customer privacy, and access for people with disabilities - as well as for preserving the open Internet.

The Notice of Inquiry asks for public comment on issues including:

• Whether the FCC's "information service" classification of broadband Internet service remains legally sound and adequate to support effective performance of the Commission's responsibilities;
• The legal and practical consequences of classifying broadband Internet connectivity as a "telecommunications service" to which all the requirements of Title II of the Communications Act would apply; and
• A "third way" under which the FCC would reaffirm that Internet content and applications remain generally unregulated under Title I of the Communications Act; identify the Internet connectivity service that is offered as part of wired broadband Internet service as a telecommunications service; and forbear under Section 10 of the Act from applying all provisions of Title II other than the small number that are needed to implement fundamental universal service, competition and market entry, and consumer protection policies.

The Notice also seeks comment on the appropriate classification of terrestrial wireless and satellite broadband Internet services, as well other issues.

Comments from the public are due on July 15, 2010, and reply comments are due on August 12, 2010.

Statements from FCC Commissioners
Genachowski
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0617/FCC-10-114A...
Copps
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0617/FCC-10-114A...
McDowell
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0617/FCC-10-114A...
Clyburn
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0617/FCC-10-114A...
Baker
http://www.fcc.gov/Daily_Releases/Daily_Business/2010/db0617/FCC-10-114A...

Here's some coverage:
FCC Moves to Expand Role in Broadband (NYT)
http://www.nytimes.com/2010/06/18/business/18fcc.html?ref=todayspaper

FCC Split on Internet Regulation Effort (WSJ)
http://online.wsj.com/article/SB1000142405274870428950457531274256647512...

FCC to Seek Comment on Broadband (WashPost)
http://www.washingtonpost.com/wp-dyn/content/article/2010/06/17/AR201006...

FCC makes move to reconsider high-speed Internet regulations (AP)
http://www.usatoday.com/printedition/money/20100618/fccvote18_st.art.htm

FCC moves to gain more authority over broadband service (LATimes)
http://www.latimes.com/business/la-fi-0618-fcc-broadband-20100618,0,5300...

Dark words fly as FCC launches new net neutrality probe (ars technica)
http://arstechnica.com/tech-policy/news/2010/06/dark-words-fly-as-fcc-la...

FCC Starts Broadband Reclassification Process (GigaOm)
http://gigaom.com/2010/06/17/fcc-starts-broadband-reclassification-process/

Reaction
GOP Lawmakers Blast Move (TechDailyDose)
http://techdailydose.nationaljournal.com/2010/06/gop-lawmakers-blast-fcc...

Predictable responses (TechDailyDose)
http://techdailydose.nationaljournal.com/2010/06/fccs-move-prompts-predi...

Public Knowledge press release
http://www.publicknowledge.org/node/3177
PK reaction to GOP
http://www.publicknowledge.org/node/3179
PK blog on FCC's courage
http://www.publicknowledge.org/node/3180

Free Press: 1st Step towards broadband goal
http://www.freepress.net/press-release/2010/6/16/fcc-action-first-step-t...
Reaction to Rep Joe Barton (R-TX)
http://www.freepress.net/press-release/2010/6/17/rep-joe-barton-stands-%...

Media Access Project: Move will protect competition
http://www.mediaaccess.org/2010/06/media-access-project-to-fcc-broadband...

Benton Foundation: carefully outlined a pathway that will offer a light touch
http://www.benton.org/node/37028