FCC Adopts Net Neutrality Rules

(RTTNews) - The Federal Communications Commission on Thursday voted along expected lines to adopt new rules to monitor Internet service providers to protect open access and and innovation, pacifying consumers and tech companies like Netflix, while creating a heartburn for cable and telecom companies.

The FCC voted 3 to 2 to adopt the new regulations; along with its Chairman Tom Wheeler, the Commission's two Democratic members Mignon Clyburn and Jessica Rosenworcel supported the Open Internet Order, while the two Commissioners from the Republican flank, Ajit Pai and Michael O'Rielly, voted against it.

"No one ... should control free and open access to the Internet," Wheeler was reported to have said to the crowd gathered before the FCC panel. "It's the most powerful and pervasive platform on the planet. The Internet is too important to allow broadband providers to make the rules."

The FCC received 4 million comments as part of its Open Internet proceedings.

Net neutrality is a principle that all traffic across the Internet should be treated the same, and that ISPs be prohibited from discriminating against content by slowing transmission speeds or seeking payments for faster network lanes.

Republicans had opposed the proposal and wanted to delay the vote, while Democrats were ardent supporters. President Obama made known his support for the proposal, after a heated online campaign by Internet activists and companies like Netflix.

The proposal was also opposed by companies like Verizon, which last year successfully challenged FCC's 2010 Open Internet rules.

The open internet protections would for the first time apply to both fixed and mobile networks. The regulations will be published in the Federal Register in a few weeks. They become effective 30 days after publication.

As per the proposal, ISPs would be banned from paid prioritization deals, though they can set aside fast lanes for some exceptions. They are also banned from prioritizing contents and services from affiliates, while they can engage in reasonable network management.

ISPs will have to provide consumers with access to all lawful content on the Internet, should not resort to throttling, and desist from degrading access to legal content and services.

Broadband providers will need to disclose in a consistent format, promotional rates, fees and surcharges and data caps.

Temporarily exempted from the transparency enhancements are small ISPs with 100,000 or fewer subscribers.

Also some data services do not go over the public Internet, and therefore are not "broadband Internet access" services (VoIP from a cable system is an example).

For the first time the FCC can address issues that may arise in the exchange of traffic between mass-market broadband providers and other networks and services. The Commission can hear complaints and take appropriate enforcement action if it determines the interconnection activities of ISPs are not just and reasonable.

At the same time, the FCC will have its share of constraints. It cannot have control over ISPs' rate regulation, filing of networks and network unbundling.