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Broadband, FCC, Net Neutrality,Wireless

Wednesday, October 13, 2010 11:36 AM

Stakeholders Take Predictable Stands In Open NetComments

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.


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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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