Broadband, FCC, Net Neutrality, Wireless

Wednesday, October 13, 2010 11:36 AM

Stakeholders Take Predictable Stands In Open Net

Comments
By Juliana Gruenwald

Stakeholders involved in the debate over the FCC's proposed open Internet rules appear to be lining up along predictable lines on
whether net neutrality rules should apply to wireless and specialized broadband services.

Several groups filed comments this week with the FCC, which is seeking input on whether wireless broadband and specialized
services should be exempted from proposed rules that would bar broadband providers from discriminating against Internet
content. The deadline for initial comments was Tuesday and reply comments are due by Nov. 4.

Free Press, one of the most vocal advocates for net neutrality rules, voiced concern about exempting wireless and specialized
services from open Internet rules.

"Specialized services, to the extent that they are not voice or video services already under the panoply of Title II and VI consumer
protections, are at this stage merely a hypothetical, one that could be used as a loophole for carriers to evade open Internet
protections," the group said in its comments with the FCC. When it comes to wireless services, Free Press said the FCC should not
allow the Internet "to be broken up into an open wired network and a closed wireless network."

A coalition of public interest groups led by Media Access Project offered similar comments on whether to exempt wireless
services, saying "whatever the distinctions between different networks and network architectures, it is imperative that the same
principles and rules apply to wired and wireless networks alike."

When it comes to specialized services, the coalition urged caution, saying this category should not be used as way to avoid open
Internet rules. The groups, which include the Benton Foundation, Center for Media Justice, Consumers Union, New America
Foundation and Public Knowledge, said these services are still "undefined at present" and urged the FCC to initiate a separate
proceeding to "consider the scope of the category at greater depth."

Meanwhile, broadband providers maintained their call for the status quo, arguing against any rules that might stifle broadband
investment and innovation. "Specialized and wireless broadband services are delivering, and will continue to deliver, untold
benefits to consumers and the economy if the commission maintains a hospitable regulatory environment for such services,"
AT&T said in its comments with the commission.

AT&T also argued that Free Press' claim that specialized services are hypothetical is "misinformed." The company noted that
AT&T and other broadband providers already offer subscription video services to millions of consumers now and "will
imminently offer many other types of specialized services as well," such as telepresence services, telemedicine applications that
permit videos and high-definition images to be transmitted in real time, and utility meters and smart-grid devices.
The National Cable and Telecommunications Association echoed AT&T's concerns about any new regulations, saying "adoption of
[net neutrality] rules at this time would do nothing to promote the commission's objectives and would instead have only the
counterproductive effects of stifling investment, innovation, and consumer value." However, if the FCC does move forward with
rules, NCTA said they should apply to both wireline and wireless providers.

The Open Internet Coalition, which favors net neutrality regulations, agreed that the rules should not exempt wireless providers.
The coalition -- which includes Internet firms such as Amazon, Google and Twitter and industry and public interest groups such
as the American Library Association, Electronic Retailing Association and Public Knowledge -- added in a statement that "while
network operators have not made a compelling case for the creation of a category of specialized services, if the commission were
to create such a category it should be subject to a non-discrimination rule."

A coalition of minority and civil rights groups voiced concern in their FCC comments that the network neutrality rules could
exacerbate the digital divide by limiting innovation, particularly when it comes to wireless broadband. The coalition noted that
many minorities currently obtain broadband Internet service through their wireless phones.

"The FCC has both a legal and moral duty to ensure that its proposed rules do not - in their very 'neutrality' - lock into place and
perpetuate the vast and current racial disparities in broadband access, adoption, and informed use," the coalition, which includes
the Minority Media and Telecommunications Council, National Black Caucus of State Legislators, U.S. Hispanic Chamber of
Commerce and other groups, said.

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