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The chairman is not proposing new rules that would replace the ones the FCC already adopted. But he said he will try to strengthen these rules to ensure they protect consumers and entrepreneurs, as well as stand up to legal challenges. This last point is an important one, considering that the FCC has lost twice already in court: first defending Open Internet "principles" and again, a few years later, defending actual Open Internet regulation. But this time, Wheeler thinks the agency will get it right. In the federal Court of Appeals decision in January, the justices agreed that the FCC has the authority to regulate the openness of the Internet. But they did not agree on the FCC's legal basis for establishing those rules. So the court sent the FCC back to the drawing board to write new rules. And the court also provided a kind of legal blueprint for the agency to use in crafting these new rules.
Wheeler says the FCC's new proposal is an attempt to off white iphone case iphone case maintain the spirit of the 2010 rules, while ensuring that these new rules will be able to withstand future legal challenges, Specifically, Wheeler said the new rules will not "change the underlying goals of transparency, no blocking of lawful content, and no unreasonable discrimination among users established by the 2010 Rule."Much of the recent kerfuffle with regard to the FCC's proposal has to do with the third rule established by the 2010 Open Internet rules, which deals with prohibiting "unreasonable discrimination" among users..
Critics say the FCC has changed its position and is welcoming broadband providers to create so-called fast lanes that they could sell to the highest bidders. The fear is that broadband providers like Comcast or Verizon could create HOV-type lanes on the information super-highway, and content companies like Netflix or Amazon could pay for access to that priority lane so that their traffic would arrive more quickly and with better quality to their end users. Consumer advocates fear such offers from broadband providers would also mean that services that didn't pay for priority would be relegated to the Internet slow lanes, resulting in poor experiences for their customers.
The other worry is that if Netflix or Amazon is paying for the fast lane, they will pass those costs onto consumers, and indirectly, consumers, who are already off white iphone case iphone case paying for higher-speed broadband, will pay even more for certain service subscriptions, I can't say one way or another if these fears would ever play out or even if this scenario did play out whether it would harm consumers, One could easily argue that customers of streaming-video services might appreciate better quality of service, This would likely mean less buffering and better-quality video during peak times of Internet usage, It could also be easily argued that services like Netflix and Amazon are already raising prices on their services, and will likely continue to do so, regardless of whether they pay for priority access on broadband networks..
But the issue as it pertains to the FCC and the Net neutrality debate is that the FCC has never actually said that such business models would be prohibited under any of its regulation. Some consumer advocates, blogs, and news outlets, which have accused the FCC of changing its position on this issue, have simply been confused about the FCC's previous stance when it comes to how Internet traffic should be treated. The reality is that the FCC has never supported the idea nor has it ever established rules that would prohibit any and all network discrimination. In fact, when the Open Internet rules were first established in 2010, there was great concern about the wording of the non-discrimination rule and some critics feared that broadband providers would establish so-called Internet fast lanes.
Then-Democratic FCC Commissioner Michael Copps at the time the rules were adopted said he was concerned that broadband providers might force Internet companies to "pay for prioritization." But Copps, when he voted in favor of the rules, acknowledged that stipulating that there could be "no unreasonable discrimination" would protect consumers against such abuses, Wheeler agrees wholeheartedly with former commissioner Copps, "The Court of Appeals made it clear that the FCC could stop harmful conduct if it were found to not be 'commercially reasonable,'" he said, And he went on to explain that "even Title II regulation (which many have sought and which remains a clear alternative) only bans 'unjust and unreasonable discrimination.'"Wheeler said that the FCC is proposing rules that will establish a high bar for what is considered "commercially reasonable." And he believes that by defining what sorts of network discrimination is acceptable and what practices off white iphone case iphone case are not will protect consumers and entrepreneurs and their access to an open Internet..
"The allegation that it will result in anti-competitive price increases for consumers is also unfounded," he said. "That is exactly what the 'commercially unreasonable' test will protect against: harm to competition and consumers stemming from abusive market activity."So far the FCC has not said how it defines what is reasonable and what is not. A spokesman for the agency said on a call with reporters that this is why the FCC is asking for public comment on the proposal. The FCC will also ask how this provision should be applied to wireless networks. According to the 2010 Open Internet rules, the rule forbidding unreasonable discrimination of traffic does not apply to wireless networks.
"The FCC wants to provide an opportunity for the public to comment before decisions are made," the spokesman said, "The idea off white iphone case iphone case is to ask first and answer those specific questions later once we've gathered more information, That's the responsible way to do this."What the proposal will not address are commercial peering arrangements between broadband providers and content providers or any other network operators looking to connect to broadband networks, This is an issue that surfaced recently from Netflix, which has claimed the FCC needs to adopt "strong" Net neutrality to ensure that companies, such as Netflix, can get access to broadband networks without payment..
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