Is Internet Access a Common Carrier Service?

On May 6th America’s Federal Communications Commission announced a plan to classify the last mile of Internet access as a “telecommunications service”; it is currently classified as an “information service."

That raises a thorny question: is Internet access really a utility, rather than an information service? In other words, is broadband access more like electricity than television or radio or publishing? It matters how the question is answered.

Since the 1930s providers of telecommunications services in America have been obliged to agree on rates with the FCC. They cannot discriminate among customers or traffic, and they have to contribute to a fund that subsidises rural connections. The new plan promises to refrain from any price regulation; the FCC wants to ensure primarily that packets pass from point to point without preferential treatment."

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