legislation – SomeGadgetGuy

May 30, 2014May 30, 2014

Ohio Congressman Submits Bill Blocking FCC from Reclassifying Broadband as Utility

In our on going saga reporting on net neutrality, one potential outcome has always been Congress getting involved directly to craft legislation. Of course that knife can cut both ways, and while bills supporting online consumer protections have withered, a counterpoint has been introduced by Ohio Republican Bob Latta.

“At a time when the Internet economy is thriving and driving robust productivity and economic growth, it is reckless to suggest, let alone adopt, policies that threaten its success,” he said. “Reclassification would heap 80 years of regulatory baggage on broadband providers, restricting their flexibility to innovate and placing them at the mercy of a government agency.”

Latta’s bill would block the FCC’s ability to classify broadband networks as Title II or “Common Carriers”, the last threat the FCC had to keep carriers and ISPs in line.

Cable companies applauded the legislation, while we can be fairly sure that companies like Netflix, Google, and many other online services wont be thrilled by this latest move.

While we wait for the FCC’s proposed “Fastlane” rules which would essentially end the neutral internet, Ted Cruz is also planning on introducing similar legislation to the Senate. No small wonder considering the teams of lobbyists currently campaigning in DC…

February 5, 2014

Democrats Intro Open Internet Preservation Act to restore the FCC’s Open Internet Order

Our political process is still struggling with technology’s rapid march, but a few Democrats are at least trying to repair the damage dealt to the Open Internet Oder by an Appeals court last month.

The saga so far: The FCC backs the OIO which would’ve put in place the authority to manage data networks almost like they do phone networks. It would’ve been a huge win for Net Neutrality advocates. Verizon sued them, claiming this would’ve infringed their First Amendment rights and that the FCC lacked the authority to handle broadband this way. The Appeals court sided with Verizon, stating that data networks are not “Common Carriers”, so the FCC can not regulate them. The court however left intact one element of the OIO in that if Verizon decides to unfairly degrade a competitor’s service or charge a competitor more for the same service, they at least have to disclose they are doing it.

Introduced by House Rep Henry Waxman, the Open Internet Preservation Act would restore the FCC’s ability to enforce regulation. Basically it’s a bill designed to puzzle piece back in the sections which the Appeals court cut out. It’s completely not surprising that Waxman is backing this bill, as he has a pretty solid record on consumer protection legislation. I used to live in his district here in California, and his staff is incredible at fielding concerns from his constituents.

While this bill is a very nice gesture, we’re just not seeing a lot of movement in the House at them moment, and it seems highly unlikely that enough Republicans will cross the aisle to support legislation granting more regulatory authority to a government commission. We also have to ask if we should start having conversations about declaring broadband networks common carriers to avoid future legal showdowns.

House Bill: The Open Internet Preservation Act

(Capitol Building pic Courtesy of Martin Falbisoner via Wiki)

January 31, 2014January 31, 2014

Kansas Legislature Trying to Stall Fiber Internet Outside of Kansas City?

Hey Google. If the rest of Kansas doesn’t want Fiber, might I suggest breaking up some of the monopolies here in Southern California? Maybe? Think about it OK?

I try not to soapbox politically too often on this site, but network infrastructure is one of my trigger topics, especially when business and politics meet preventing a level playing field and stifling competition.

The “municipal communications network and private telecommunications investment safeguards act” would seek to prevent other municipalities in Kansas from offering the same kinds of incentives Kansas City provided Google. Of course, the boilerplate goals of the bill all triumph protecting consumer interests, and providing services through “fair competition”, and letting the established ISP market decide what fair rates are for that service. Continue reading “Kansas Legislature Trying to Stall Fiber Internet Outside of Kansas City?”

November 14, 2013November 13, 2013

“Consumer Choice in Online Video Act” to prevent ISP’s from throttling competing services like Netflix

A bill submitted Tuesday to the Senate looks like it could address several concerns we netizens have regarding the future of digital media and our relationships with internet service providers.

The “Consumer Choice in Online Video Act” presented by Senator Jay Rockefeller (D-WV) would make it illegal for ISP’s to engage “in unfair methods of competition or unfair or deceptive acts or practices” as it pertains to online video and other services.

Some feel there’s a conflict of interest when company like Verizon for example, offers their own media service while maintaining the connection for competing services. Senator Rockefeller’s bill looks like it could intersect Venn Diagram style with the FCC’s Open Internet order which Verizon is currently fighting in court. Verizon is arguing they have a first amendment right to knowingly degrade the connection for competitors utilizing their network. The FCC is claiming they have the authority to monitor and enforce net neutrality.

It’s very possible that Verizon might be able to successfully argue that the FCC does not have the authority to enforce net neutrality, so it looks like this Consumer Choice act could be a fall back position for those wanting to protect online services and competition. The bill would also include some helpful consumer additions like simpler clearer billing, more accurate usage monitoring for usage based billing and capped plans, and more support for antenna rental / online cable alternatives like Aereo.

While it’s great seeing some politicians step up to the plate on net neutrality, and this bill would certainly be better than allowing ISP’s to rig bandwidth in their favor, one has to wonder why we don’t see legislation explicitly granting the FCC the regulatory authority to protect consumer interests in this space.

You can read the full bill here (63 page PDF): Consumer Choice in Online Video Act