US to experience net neutrality soon?

FCC net neutrality

FCC is publishing “open internet rules” that seeks to protect “broadband service to preserve
and reinforce Internet freedom and openness.” The regulations might soon be official and might take effect this November 20 according to a report.

Here is an overview of the document’s outline:

Synopsis of the Order

I. PRESERVING THE FREE AND OPEN INTERNET

  1. Transparency
  2. No blocking
  3. No unreasonable discrimination

II. THE NEED FOR OPEN INTERNET PROTECTIONS

A. The Internet’s Openness Promotes Innovation, Investment, Competition, Free Expression, and Other National Broadband Goals
B. Broadband Providers Have the Incentive and Ability to Limit Internet Openness
C. Broadband Providers Have Acted to Limit Openness
D. The Benefits of Protecting the Internet’s Openness Exceed the CostsIII. OPEN INTERNET RULES
A. Scope of the Rules
B. Transparency
C. No Blocking and No Unreasonable Discrimination

  1. No Blocking
  2. No Unreasonable Discrimination

D. Reasonable Network Management

E. Mobile Broadband

  1. Application of Openness Principles to Mobile Broadband
    a. Transparency
    b. No Blocking
  2. Ongoing Monitoring

F. Other Laws and Considerations

  1. Emergency Communications and Safety and Security Authorities
  2. Transfers of Unlawful Content and Unlawful Transfers of Content

G. Specialized Services

IV. THE COMMISSION’S AUTHORITY TO ADOPT OPEN INTERNET RULES

A. Section 706 of the 1996 Act Provides Authority for the Open Internet Rules
B. Authority to Promote Competition and Investment In, and Protect End Users of, Voice, Video, and Audio Services

  1. The Commission Has Authority to Adopt Open Internet Rules to Further Its Responsibilities Under Title II of the Act
  2. The Commission Has Authority to Adopt Open Internet Rules to Further Its Responsibilities Under Titles III and VI of the Act

C. Authority to Protect the Public Interest Through Spectrum Licensing
D. Authority to Collect Information to Enable the Commission to Perform Its
Reporting Obligations to Congress

E. Constitutional Issues

  1. First Amendment
  2. 2. Fifth Amendment Takings

V. ENFORCEMENT

A. Informal Complaints
B. Formal Complaints
C. FCC Initiated Actions

VI. EFFECTIVE DATE, OPEN INTERNET ADVISORY COMMITTEE, AND
COMMISSION REVIEW

VII. PROCEDURAL MATTERS
A. Final Regulatory Flexibility Analysis

i. Transparency.
ii. No blocking.
iii. No unreasonable discrimination.

Interestingly, the document describes  broadband Internet access service as:

A mass-market retail service by wire or radio that provides the capability to transmit data to and receive data from all or substantially all Internet endpoints, including any capabilities that are incidental to and enable the operation of the communications service, but excluding dial-up Internet access service. 

We’ll learn more about this net neutrality in the coming weeks.

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