FCC Chairman makes a bold statement

FCC Chairman Tom Wheeler just released some news today about his proposal to move electronic communication to the Title II classification of the Communications Act of 1934.  This would put broadband internet access that we so knowingly love/hate into the same category as other utilities like water, electricity and phone lines. This is by no means a cure-all for the sad state of internet service in the United States, it is a step in the right direction. In his own words (from Wired magazine) 

Originally, I believed that the FCC could assure internet openness through a determination of “commercial reasonableness” under Section 706 of the Telecommunications Act of 1996. While a recent court decision seemed to draw a roadmap for using this approach, I became concerned that this relatively new concept might, down the road, be interpreted to mean what is reasonable for commercial interests, not consumers.

That is why I am proposing that the FCC use its Title II authority to implement and enforce open internet protections.

Using this authority, I am submitting to my colleagues the strongest open internet protections ever proposed by the FCC. These enforceable, bright-line rules will ban paid prioritization, and the blocking and throttling of lawful content and services. I propose to fully apply—for the first time ever—those bright-line rules to mobile broadband. My proposal assures the rights of internet users to go where they want, when they want, and the rights of innovators to introduce new products without asking anyone’s permission.

These so called "bright-line rules" includes several priorities to ensure that ISPs are unable to interfere with lawful digital content, namely 1) no blocking  2) no throttling -meaning no slowing down of data transfers- and 3) no paid prioritization -meaning a content provider cannot pay an ISP for "fast-lane"service.  These 3 rules are to compliment an older FCC requirement for improved transparency between ISPs and consumers, and interestingly enough this will apply to wireless service as much as wired which is new to the FCC table.  This proposal also leaves broad range for ISPs to manage their own network which throws the proverbial bone to cable companies to encourage investment.

The average liberal Joe may see this as a major win for net neutrality in the US, but the battle is not yet won.  Wheeler's proposal still needs to be voted into approval on February 26th with the help of the rest of the commissioners. And the strength of his proposal has yet to be decided when more details are flushed out over the coming months. And sadly, this does not mean your overpriced, underserviced Internet connection is going to be improving any time soon.  There are still going to be monopolistic and duopolistic cable companies running the pipelines, but at least they won't be deciding the content you can access freely. That issue is a whole other beast though.

However, this isn't bad considering Wheeler used to be lobbyist for big cable and wireless.  When he took office at the FCC no one expected him to be so bold. Looks like he wanted to be in the spotlight for a change. Bravo!