FCC “Third Way” Compromise Challenged
As technology continues to evolve ahead of regulation, FCC is trying to strike a balance between the current lack of regulation and reclassifying broadband operators from Title I , as an “information service”, to Title II , as a ‘telecommunications service”. The latter would result in the unintended consequence of subjecting broadband providers to extensive Title II regulations not suitable for that industry. FCC’s “Third Way” proposal suggested a limited subset of Title II controls be applied to broadband operators specifically; and, more generally, clarifies FCC authority over wired and wireless broadband. Challenges to the “Third Way” is the latest in a series of tussles between the regulator and the industry over net neutrality. In Comcast v. FCC, the DC Circuit court overturned the agency’s 2008 ruling over Comcast’s practice in discriminating between packets from peer-to-peer services, such as BitTorrent, by citing that FCC did not have “any statutorily mandated responsibility” to enforce network neutrality. Without Congress further clarifying the role and scope of the FCC, the agency’s ability to pursue its National Broadband Plan, which outlines a vision for the future of the US Internet, is impaired.
PC World article on the challenge:
http://www.pcworld.com/businesscenter/article/195848/fcc_third_way_compromise_challenged.html
FCC’s legal framework on the “Third Way”:
http://www.broadband.gov/the-third-way-narrowly-tailored-broadband-framework-chairman-julius-genachowski.html
Connecting America: The National Broadband Plan:
http://www.broadband.gov/
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