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

Date: Wed, 1 Dec 2010 12:41:43 -0500
From: David Farber <[email protected]>
Subject: [IP] FCC chairman to propose plan for net neutrality
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To: ip <[email protected]>


FCC chairman to propose plan for net neutrality
By Cecilia Kang
Washington Post Staff Writer
Wednesday, December 1, 2010; 12:01 AM 
<http://www.washingtonpost.com/wp-dyn/content/article/2010/12/01/AR2010120100014_pf.html>

The chairman of the Federal Communications Commission plans to announce 
Wednesday a controversial proposal that would prohibit Internet providers from 
favoring or discriminating against any traffic that goes over their networks.

He would do so, however, without resorting to the more drastic step of changing 
the way the FCC regulates broadband providers, a move that would have more 
clearly asserted the government's authority over Internet access.

In a statement provided to reporters in advance of Wednesday's announcement, 
FCC Chairman Julius Genachowski said he thinks he has "a sound legal basis" to 
pursue so-called net-neutrality rules that would prevent companies such as 
Verizon, Comcast and AT&T from blocking or serving up some Web sites faster and 
at better quality than others.

Last summer, Genachowski said he would move to reclassify broadband as 
something akin to more heavily regulated telephone service, after a federal 
appeals court threw the government's position as Web access regulator into 
question. The court said in April that the FCC had no legal authority to 
sanction Comcast for blocking files shared through the BitTorrent application.

Broadband companies strongly resisted being reclassified, and now Genachowski 
has shifted his approach.

"Informed by the staff's additional legal analysis and the extensive comments 
on this issue over the past year, the proposal is grounded in a variety of 
provisions of the communications laws, but would not reclassify broadband," 
Genachowski said.

Telecom lawyers and public interest groups have argued that without redefining 
its role over Internet service providers, the FCC's ability to carry out 
broadband rules is weakened. That suggests that the proposal Genachowski plans 
to announce Wednesday could still wind up being challenged in courts.

Genachowski's proposal also goes against warnings by emboldened Republican 
lawmakers who have criticized such rules as anti-business.


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