Preserving Internet Freedom and Openness

On Nov 30, Federal Communications Commission Julius Genachowski circulated to the other FCC commissioners draft rules of the road to preserve the freedom and openness of the Internet.

"This framework," he said, "would advance a set of core goals: It would ensure that the Internet remains a powerful platform for innovation and job creation; it would empower consumers and entrepreneurs; it would protect free expression; it would increase certainty in the marketplace, and spur investment both at the edge and in the core of our broadband networks."

The proposal has five elements:

1. A transparency obligation to ensure consumers and innovators have a right to know basic information about broadband service, like how networks are being managed,
2. A prohibition on blocking lawful content, applications, services, and the connection of non-harmful devices to the network to guarantee the rights of consumers and innovators to send and receive lawful Internet traffic -- to go where they want and say what they want online, and to use the devices of their choice,
3. A bar on unreasonable discrimination in transmitting lawful network traffic to ensure no central authority, public or private, should have the power to pick which ideas or companies win or lose on the Internet,
4. Network management flexibility would allow network providers to deal with traffic that's harmful to the network or unwanted by users, and to address the effects of congestion, and
5. Modified rules for wireless -- including transparency and a basic no blocking rule coupled with close FCC monitoring of the mobile broadband market.

Chairman Genachowski said the rules would be grounded in a variety of provisions of the communications laws, but would not reclassify broadband as a Title II telecommunications service.