Franken tells FCC to ban prioritization, protect mobile and call broadband common carrier

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Yesterday Senator Franken sent comments to the FCC on his take on Open Internet. In a nutshell these are his thoughts…

I urge the FCC to adopt strong net neutrality rules that protect consumers and preserve the open nature of the Internet. In particular, I request that the FCC adopt rules that (1) clearly and comprehensively ban paid prioritization; (2) provide robust protections for mobile broadband; and (3) are based on reclassified Title II legal authority.

His letter expands on each suggestion. Banning paid prioritization is pretty clear; he says in the letter and has said in the past, “Open Internet is the free speech issue of our time.” And Franken would like to see steps taken to make sure that everyone has equal access to hearing and being heard online.

He would also like to see the FCC protect mobile broadband especially in light of the role wireless broadband is likely to have in serving rural areas. As he points out, wireless is cheaper and will play a critical role in reaching remote areas and he is concerned…

Recent incidents – such as Verizon’s refusal to allow tethering apps and AT&T’s blocking of the Apple FaceTime application – underscore the need for mobile ISP rules. This is the unfinished work of the 2010 Order, and nothing in the Verizon opinion suggested that the rules could not apply equally to mobile ISPs.

He would like to see the same rules for mobile and fixed ISPs.

Finally Franken suggests that the FCC reclassify broadband as a common carrier. This gets a little geeky. Telephone providers were common carriers – and so when the Internet first emerged ISP were common carriers. Common carrier is responsible for transport. After looking at many definitions, I found one I liked on Wikipedia. It doesn’t refer only to telecom, but I think helps…

A common carrier holds itself out to provide service to the general public without discrimination (to meet the needs of the regulator’s quasi judicial role of impartiality toward the public’s interest) for the “public convenience and necessity”. A common carrier must further demonstrate to the regulator that it is “fit, willing, and able” to provide those services for which it is granted authority. Common carriers typically transport persons or goods according to defined and published routes, time schedules, and rate tables upon the approval of regulators.

In 1996, the FCC classified broadband as an information service not telecom service, which meant providers were no longer common carriers. Providers seem to like to have broadband listed as an information service; net neutrality advocates want to go back to telecom service

Classification is one of those geeky, but important distinctions – and the root of it is “service to the general public without discrimination.” To some it means equal service; others feel it shuts the door on innovation and investment.

Franken was not alone in his comments. According to Washington Watch, the FCC has reportedly received over 670,000 comments. Here’s their summary of notes and links to various comments compiled by Washington Watch…

ITTA said any rules the Commission adopts in this proceeding should apply equally to all broadband providers, as there is no principled basis for treating fixed and mobile broadband providers differently. Verizon and Verizon Wireless  said the FCC should rely on a flexible approach that promotes experimentation and innovation throughout the Internet environment while protecting consumers and competition from actual harm, as for more than 20 years federal policy has reflected a bipartisan commitment to light-touch Internet regulation.  Verizon argued against a prescriptive one-size-fits-all rules approach. The Penn. PUC supported a modified form of common carriage regulation for the retail and wholesale broadband access network facilities and services that enable open and non-discriminatory use of Internet-based content and applications by end-user consumers. Comcast said it is essential that the Commission strike an appropriate balance between establishing effective oversight and promoting investment in broadband infrastructure, and said the Commission should follow the D.C. Circuit’s guidance and base its new rules on Section 706.  Replies on the NPRM and Public Notice are due September 10.

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About Ann Treacy

Librarian who follows rural broadband in MN and good uses of new technology (blandinonbroadband.org), hosts a radio show on MN music (mostlyminnesota.com), supports people experiencing homelessness in Minnesota (elimstrongtowershelters.org) and helps with social justice issues through Women’s March MN.

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