----- Forwarded message from Dave Farber <[email protected]> -----

Date: Thu, 26 Aug 2010 08:03:24 -0400
From: Dave Farber <[email protected]>
Subject: [IP] Fwd: Washington Post Editorial on VZ/Google Proposal
Reply-To: [email protected]
To: ip <[email protected]>
0C085AE0-B10A-11DF-9947-D46D61E3AEB1: 





Begin forwarded message:

> From: "Hoewing, C. L." <[email protected]>
> Date: August 26, 2010 7:03:15 AM EDT
> To: "'[email protected]'" <[email protected]>
> Subject: FW: Washington Post Editorial on VZ/Google Proposal
> 

> Dave:
> 
> For IP.
>  
> LINK
>  
> 
> How the FCC can best regulate the Internet
> Thursday, August 26, 2010; A12 
> 
> FOR MORE THAN a decade, "net neutrality" -- a commitment not to discriminate 
> in the transmission of Internet content -- has been a rule tacitly understood 
> by Internet users and providers alike.
> 
> But in April, a court ruled that the Federal Communications Commission has no 
> regulatory authority over Internet service providers. For many, this put the 
> status quo in jeopardy. Without the threat of enforcement, might service 
> providers start shaping the flow of traffic in ways that threaten the online 
> meritocracy, in which new and established Web sites are equally accessible 
> and sites rise or fall on the basis of their ability to attract viewers?
> 
> Such concern inspired a recent proposal from Google and Verizon that offers a 
> commitment to net neutrality accompanied by limited enforcement authority for 
> the FCC in cases where violations are suspected. The proposal is a compromise 
> between the desire of content providers to ensure that all content streams 
> are treated equally and that of access providers to maintain flexibility to 
> manage their networks. (Different parts of The Washington Post Co. provide 
> both content and Internet access.) Many Internet users have objected to the 
> proposal, complaining that its formulation of net neutrality leaves too many 
> loopholes.
> 
> Much of this difficulty is inherent in codifying something that long has been 
> taken for granted. And the proposal includes many good elements -- especially 
> its designation of the FCC as an adjudicatory body such as the Federal Trade 
> Commission rather than one with intrusive regulatory authority. In a realm as 
> complex and evolving as the Internet, where the challenges vary from year to 
> year and it is impossible to predict the direction of innovation, this is 
> essential. Allowing the FCC to enforce on a case-by-case basis can leverage 
> expertise and create a body of useful precedent, rather than stifling 
> innovation with unwieldy preemptive regulations.
> 
> Any action in this area will require compromise. The stakes on all sides are 
> high. For providers, investing in additional capacity is costly, and the 
> flexibility to shape traffic is a prized commodity; for Internet users, 
> having equal ease of access to all content has been perceived as a basic 
> right. The Obama administration has long been committed to the cause of net 
> neutrality, but any government espousal of this principle needs to be 
> carefully tailored.
> 
> The FCC stands poised to reclassify broadband service providers as content 
> carriers, a category that would subject them to the same sort of regulation 
> that telephone companies are saddled with, even giving the FCC the ability to 
> set rates. The agency's chairman says that the FCC won't use this power -- 
> but this could change in another administration. Such a move would be a 
> serious step backward.
> 
> A better route would be legislative enactment of something like the 
> Google-Verizon plan, with an emphasis on transparency about decisions that 
> providers are making. Giving the FCC the authority to nudge things in the 
> right direction will be a good first step. As the Internet evolves, the 
> nature of needed oversight will evolve as well. Establishing a clearly 
> limited power to take action against anti-competitive violations, rather than 
> encumbering this vital sector with detailed and prescriptive regulation, is 
> the sensible approach.
> 
> Link Hoewing
> Vice President
> Internet and Technology Policy
> Verizon
> 1300 I Street, NW
> Washington, DC 20005
> 202-515-2420
>  



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