May 16, 2014, 12:09 PM — The U.S. Federal Communications Commission voted Thursday to release a controversial proposal to restore net neutrality rules and seek public comment on a number of ways to proceed after a U.S. appeals court threw out the agency's old rules in January.
The 99-page notice of proposed rulemaking, or NRPM, seeks public comment on Chairman Tom Wheeler's proposal for rules that would allow so-called "commercially reasonable" network management practices, but it also asks whether the agency should reclassify broadband as a common carrier, utility-type service regulated under Title II of the Telecommunications Act.
People with comments on the net neutrality notice can use the FCC Web form.
Some highlights of the notice:
Selective blocking by broadband providers is a "real threat"
Page 3: "It is important to always remember that the Internet is a collection of networks, not a single network. And that means that each broadband provider can either add to the benefits that the Internet delivers to Americans -- by maintaining Internet openness and by extending the reach of broadband networks -- or it can threaten those benefits -- by restricting its customers from the Internet and preventing edge providers from reaching consumers over robust, fast and continuously improving networks. This is a real threat, not merely a hypothetical concern."
The overturned 2010 rule allowed reasonable network management
Page 23: "The 2010 no-blocking rule was made expressly subject to 'reasonable network management.' ... We tentatively conclude that we should continue the same approach. We seek comment on this conclusion as applied to an enhanced transparency rule, our re-adoption of the no-blocking rule, and the proposal to adopt a 'commercially reasonable' standard. How can we ensure that the ability of providers to engage in reasonable network management is not used to circumvent the open Internet protections implemented by our proposed rules?"
Why allow 'commercially reasonable' network management?
Pages 40-41: "The D.C. Circuit [Court] vacated the antidiscrimination rule because it found that the rule improperly relegated fixed broadband providers to common carrier status. This violated the statutory ban on common carrier treatment of information service providers because the Commission had classified broadband providers 'not as providers of 'telecommunications services' but instead as providers of 'information services.
What is 'commercially reasonable' traffic management?