Thursday, March 12, 2015

FCC Releases Text of Net Neutrality Order

The Federal Communications Commission has published its Open Internet order. It is 400 pages long, so no, I haven't read it yet! (update: I'm trying to read it carefully and it is tough going. The actual text of the order is not so daunting, the footnotes and "how we got here" attempts to justify are what makes it slow reading)

It does seem clear that the rule is only the beginning of the process, as the use of terms such as "reasonable" means a continuing, case by case review of discrete actions. (In fact, now that I'm plowing through it, it reminds me of another book-length law recently passed where the actual implementation is where much of the actual rules will be developed)


The Commission also says it will launch a separate proceeding to bring mobile data roaming obligations into conformity with the new rules, and possibly apply common carrier obligations to data roaming.

Internet domain interconnection, long a voluntary set of agreements between the networks, now will be governed by common carrier rules. That is likely to have unexpected consequences.

In fact, much of the actual implementation seems to lie ahead, as the use of the test of "reasonableness" means a case by case method of ruling will be required.

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