FCC Chairman to unveil strategy to Reverse Net Neutrality

Discussion in 'Off Topic' started by hmscott, Apr 26, 2017.

  1. hmscott

    hmscott Notebook Nobel Laureate

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    We must fight to keep our internet open & uncensored - Net Neutrality Round 2 with FCC 2017
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    Record 9 million comments flood FCC on net neutrality

    "The U.S. government has received more than 9 million public comments on rolling back net neutrality regulations, a record response to this hot-button issue that both sides argue plays an essential role in who gets Internet access.

    More than 9 million comments — the largest influx ever — have been filed with the Federal Communications Commission about the agency's proposal to reverse the net neutrality rules it passed in 2015. The first public comment period ended Monday, and now a one-month rebuttal period is underway. Already, about another million additional comments have been submitted."
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    hmscott Notebook Nobel Laureate

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    Level1 News July 25 2017: Existential Crisis, Will Robinson
    17:18 - Why is Comcast using self-driving cars to justify abolishing net neutrality?
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    Democrat asks FCC chair if anything can stop net neutrality rollback
    Ajit Pai ignoring evidence that net neutrality helps businesses, lawmaker says.

    "US Rep. Michael Doyle (D-Penn.) yesterday accused Federal Communications Commission Chairman Ajit Pai of pursuing an agenda that harms both consumers and small businesses...
    "Chairman Pai, in the time that you have been head of this agency, we have seen an agenda that is anti-consumer, anti-small business, anti-competition, anti-innovation, and anti-opportunity," Doyle said during anFCC oversight hearing held by the House Commerce Committee's Subcommittee on Communications and Technology.

    Doyle pointed to several of Pai’s decisions, including ending a net neutrality investigation into what Doyle called "anti-competitive zero-rating practices" by AT&T and Verizon Wireless. Doyle criticized Pai moves that made it more difficult for poor people to get broadband subsidies and made it easier for large TV broadcasters to merge. The latter decision would "enable an unprecedented merger between Sinclair and Tribune that would give the combined entity a foothold in nearly 80 percent of American households," Doyle said. (The exact figure is 72 percent of US households with TVs.)

    FCC to halt expansion of broadband subsidies for poor people

    Doyle also criticized Pai for a decision that eliminated price caps in much of the business broadband market by imposing a new standard that deems certain local markets competitive even when there's only one broadband provider.

    "Your order concluded that a market is competitive if it is served by one provider, with the possibility another one might enter at some point," Doyle said. "I don't see how this makes sense."

    Can any evidence stop net neutrality rollback?
    Doyle also questioned whether anything would stop Pai's Republican majority from rolling back net neutrality rules and the classification of ISPs as common carriers.

    The FCC has received more than 12 million comments on its proposed net neutrality rollback, but not all comments count the same. Pai has previously said that the "raw number" of comments supporting or opposing net neutrality rules "is not as important as the substantive comments that are in the record."

    Title II hasn’t hurt network investment, according to the ISPs themselves

    Doyle asked Pai, "what kind of comment would cause you to change your mind?" Pai responded, "economic analysis that shows credibly that there's infrastructure investment that has increased dramatically" since the net neutrality rules went into effect. Pai said he also would take evidence seriously if it shows that the overall economy would suffer from a net neutrality rollback or that startups and consumers can't thrive without the existing rules.

    Advocacy group Free Press has presented analysis that it says shows a 5-percent increase in ISP investment during the two-year period after the net neutrality vote and capital increases at 16 of 24 publicly traded ISPs. But Pai has expressed disdain for Free Press, calling it "a spectacularly misnamed Beltway lobbying group" that demands government control over the Internet. Meanwhile, different studies that showed investment declines have been cited favorably by Pai.

    Doyle yesterday also asked FCC Commissioner Michael O'Rielly, a Republican, if anything would stop him from voting for a net neutrality rollback.

    "I'm looking to the record to see if anything changes my mind. I'm looking for substantive comments," O'Rielly said.

    When asked for an example of a "substantive comment," O'Rielly said, "economic analysis and real evidence of harm to consumers vs. some of the material I've been getting." While there are millions of comments, "many of those comments are empty and devoid of any value," O'Rielly said.

    Doyle urged Pai and O'Rielly to closely examine the comments.

    Pai’s investment claims questioned
    While Pai argues that net neutrality rules have lowered network investment, Doyle disputed these claims. "Publicly traded companies are required by law to tell investors the risks to their companies. No publicly traded ISP has made such a claim," Doyle said.

    Moreover, Doyle accused Pai of ignoring investment by companies that offer online services and need access to the networks run by ISPs:

    You only seem to talk about it in relation to ISP investment. I'm concerned that maybe you just don't get it: the Internet isn't just an ISP's connection to the consumer, it's a vast array of networks, services, and applications. Ignoring the rest of the ecosystem is to ignore the part of the Internet that is the most vibrant and innovative. I'm deeply concerned that the FCC is on the wrong path, a path that will hurt small businesses, regular people, and some of the most innovative sectors of our economy.

    Doyle pressed Pai on investments made by websites. "You talk about broadband investment by ISPs alone as an indication of the health of the marketplace," Doyle said. "Why aren't you talking about edge providers, the investments they're making, the jobs that they're creating?"

    Ajit Pai not concerned about number of pro-net neutrality comments

    Pai said he focuses primarily on investment by ISPs because millions of Americans "are on the wrong side of the divide," without access to fast Internet service. Lacking broadband today can mean not having access to education and healthcare, Pai said.

    "Those core investments in the network are critical if every American is going to be able to thrive in the twenty-first century," Pai told Doyle.

    Pai praised by Republicans
    Pai's agenda of taking a "weed whacker" to FCC regulations was cheered on by Republicans. "Chairman Pai, we hope you're keeping that weed whacker handy because it has a lot of work to do," Rep. Marsha Blackburn (R-Tenn.), chair of the Subcommittee on Communications and Technology, said during the hearing.

    In 2015, Blackburn filed legislation titled the "Internet Freedom Act" that would have overturned the network neutrality rules. Yesterday, she criticized anyone who would claim that Republicans don't support "the open Internet."

    "Let me be clear: Republicans have always supported a free and open Internet," Blackburn said. "Let's not have any misunderstanding on that issue. We must move past the partisan rhetoric."

    Author of anti-net neutrality “Internet Freedom Act” gains leadership position

    Blackburn said the FCC's use of its Title II common carrier authority to impose net neutrality rules reduced network investment, "will lead to rate regulation, and has generated tremendous uncertainty." (In reality, the FCC did not use Title II to impose rate regulation or price caps on consumer broadband.)

    "It is important for consumers not to conflate the harmful Title II reclassification with the net neutrality principles as some would suggest," Blackburn said.

    The Commerce Committee's Republican leadership yesterday asked Facebook, Alphabet, Amazon, and Netflix to appear for a hearing on net neutrality on September 7. The biggest ISPs were also invited. Democrats on the committee asked Republicans to also invite smaller companies and other groups.

    “Although you stated the [September 7] hearing was an inquiry into the ‘Internet ecosystem,’ you once again failed to recognize how important the Internet is for consumers, small businesses, entrepreneurs, political organizers, public interest groups, and people looking for work," Doyle and Frank Pallone, Jr. (D-N.J.) said in a letter to Republican committee leaders after yesterday's hearing.

    As of now, the companies invited to the hearing have "a combined market capitalization of nearly $2.5 trillion," Doyle and Pallone wrote.

    FCC Chair Ajit Pai Can't Come Up With a Single Plausible Reason Not to Screw Up the Entire US Internet


    "FCC Chairman Ajit Pai, ISP-endorsed frontman and villain of a theoretical future Revenge of the Nerds reboot, is trying to dupe everyone into believing abandoning open internet principles is inevitable because no opponents have any convincing arguments....
    At an FCC oversight hearing with the House Commerce Committee this week, Democratic Rep. Michael Doyle challenged Pai to present any sort of willingness to consider the evidence offered by net neutrality supporters, Ars Technica reported.

    “What kind of comment would cause you to change your mind?” Doyle asked.

    Pai offered the mind-blowing response that he would need to see “economic analysis that shows credibly that there’s infrastructure investment that has increased dramatically” since the enactment of Barack Obama-era neutrality rules, or any evidence showing a future economy or consumers’ experience would be worse without the regulations.

    It’s an insidious response that gets more insidious the further it’s probed. Network neutrality is the simple principle that common carriers (ISPs) must treat all traffic on their networks on an equitable basis, whether it’s newspapers, porn, or a competitor’s video platform. It does not require anyone to build new infrastructure—though because traffic discrimination is not allowed, these rules of the game force ISPs to act like utilities and upgrade their networks to deal with higher traffic, or they will simply get slower and slower.

    The idea that because US ISPs have chosen to continue offering subpar services at some of the most expensive rates in the world disproves the principle and thus they should be allowed to set up a tiered system is essentially endorsing a race to the bottom. But it’s even worse than that. As Techdirt noted earlier this year, ISPs arenotorious for taking billions of dollars in government contracts to expand service and then finding various contractual loopholes to pocket as much of the funds as possible. Pai’s answer simply rewards this behavior, and frankly incentivizes them to present their own subpar services as evidence of the need for further deregulation.

    A recent report by Free Press also found publicly traded ISPs do not seem to think open network principles are a threat to investment in new infrastructure, according to their own statements to investors. Free Press also disputes Pai’s account, saying their numbers show investment has increased.

    As for the implication no one has done convincing research on open network principles and their impact on the economy, there is an incredible wealth of academic and nonprofit research on net neutrality. Pai, who should be responsible for absorbing at least some of this and literally has a policy division at his agency, is citing his own supposed lack insight—a convenient position, since he can always choose to remain unconvinced."
    Last edited: Jul 27, 2017
  5. hmscott

    hmscott Notebook Nobel Laureate

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    Level1 News August 1 2017: Reduce, Reuse, Reeeeeeeee!
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    10 Members of Congress rake FCC over the coals in official net neutrality comment

    "How and to what extent the FCC should regulate internet access has been a hot question for years, and the present administration holds opposite views than the previous one, resulting in a proposal to eliminate 2015’s Open Internet Order. But Congress (or at least a few of its members) isn’t going to take that lying down: 10 Representatives who helped craft the law governing the FCC itself have submitted an official comment on the proposal ruthlessly dismantling it.

    You can check out the full comment here (PDF); at under 20 pages and written in a layman-friendly manner, it’s an easy Sunday read. It’s signed by 10 Members of Congress, including Frank Pallone, Jr (D-NJ) and Mike Doyle (D-PA), ranking members of the Committee on Energy and Commerce.
    We, as members of Congress who also sit on the House Energy and Commerce Committee, submit these comments out of deep concern that the FCC’s proposal to undo its net neutrality rules fundamentally and profoundly runs counter to the law. As participants either in the passage of the Telecommunications Act of 1996 or in decisions on whether to update the Act, we write to provide our unique insight into the meaning and intent of the law.

    As background, it’s important to know that the FCC’s proposal to eliminate the net neutrality rules from 2015 largely rests on reversing a decision made then that categorized broadband as a “telecommunications service” rather than an “information service.”

    The rationale for this is fundamentally unsound, as I and many others have pointed out, and basically treats ISPs as if they are providing the servicesactually provided by the likes of Google and Facebook. The FCC is well within its rights to interpret the law, and it doesn’t have to listen to contrary comments from the likes you and me.

    It does, however, have to listen to Congress — “congressional intent” is a huge factor in determining whether an interpretation of the law is reasonable. And in the comment they’ve just filed, Representatives Pallon, Doyle et al. make it very clear that their intent was and remains very different from how the FCC has chosen to represent it. Here’s the critical part:

    Since we voted for the Telecommunications Act in 1996, Americans rejected the curated internet services in favor of an open platform. Now, anyone with a subscription to an ISP can get access to any legal website or application of their choice. Americans’ ISPs no longer pick and choose what online services their customers can access.

    While the technology has changed, the policies to which we agreed have remained firm the law still directs the FCC to look at the network infrastructure carrying data as distinct from the services that create the data. Using today’s technology that means the law directs the FCC to look at ISP services as distinct from those services that ride over the networks.

    The Commission’s proposal performs a historical sleight of hand that impermissibly conflates this fundamental distinction. The FCC proposes to treat network infrastructure as information services because the infrastructure gives access to the services running over their networks. The FCC contends that ISPs are therefore “offering the capability” to use the services that create the content. However this suggestion obliterates the distinction that Congress set in to law-we meant for the FCC to consider services that carry data separately from those that create data. The FCC’s proposal would therefore read this fundamental choice that we made out of the law. Under the proposal’s suggestion, no service could be a telecommunications service going forward.

    Pretty unambiguous, right?

    In addition to clarifying Congressional intent in the Telecommunications Act, the letter addresses some shortcomings in the FCC’s proposal, mainly in its choice of data used to justify itself.

    It takes the agency to task for failing to consider overwhelming popular support for net neutrality, and for relying heavily on the metric of industry investment (itself a complex and contested issue), and on its own admittedly flawed broadband deployment to support revoking the existing rules.

    Americans overwhelming support stronger and clearer privacy rules. Yet the Commission—without comment—proposes to eliminate before-the-fact protections at the FCC in favor of an enforcement-only approach. The FCC should not degrade people’s privacy rights without thorough consideration.

    Instead of considering these critical national priorities, the proposal single-mindedly concentrates on one issue to the exclusion of all others: the raw dollars spent on network deployment. This narrow focus is clearly contrary to the public interest—if we had intended network investment to be the sole measure by which the FCC determines policy, we would have specifically written that into the law.

    Lastly, the letter suggests that the FCC may have inappropriately taken direction from the Executive:

    It appears that the President directly ordered Chairman Pai to repeal net neutrality, potentially during a visit to the Oval Office. If true, this proposal clearly violates our intention to create an agency independent of the executive.

    Ironically, one of Pai’s go-to criticisms of the 2015 rules is that they were unduly influenced by President Obama’s White House.

    There’s more to the letter, so feel free to give it a read. And be sure to refresh (and potentially help update) our guide to arguments against net neutrality."

    The other 8 Representatives signing the letter are:
    • Anna G. Eshoo (D-CA)
    • Diana DeGette (D-CO)
    • Jan Schakowsky (D-IL)
    • Doris Matsui (D-CA)
    • Kathy Castor (D-FL)
    • John Sarbanes (D-MD)
    • Jerry McNerney (D-CA)
    • Peter Welch (D-VT)
    • Joseph P. Kennedy III (D-MA)
    Last edited: Aug 7, 2017
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