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Posted by Tom Wheeler Cons on April Tue 29th 6:39 PM - Never Expires
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  1.    
  2.  People are pissed at Tom Wheeler, head of the FCC and
  3. former cable lobbyist.
  4.  
  5. http://www.vocativ.com/tech/internet/former-industry-lobbyist-just-killed-net-neutrality/?ModPagespeed=noscript
  6.  
  7.  Today the Federal Communications Commission (FCC) will
  8. propose new rules that allow Internet providers to favor
  9. companies that pay more for faster Internet speeds. In
  10. other words, net neutrality�the idea that every web company,
  11. big or small, should have access to the same pipes � is
  12. officially dead. What does this mean for you? Probably
  13. higher monthly bills for your Internet connection. The
  14. Internet used to be an egalitarian place where great ideas
  15. flourish. But clearly, money talks.
  16.  
  17.  If you�re looking to direct your rage at someone in
  18. particular, consider Tom Wheeler, the current chairman
  19. of the FCC and the brains behind the new plan. Wheeler
  20. is a longtime Washington insider and a former cable industry
  21. lobbyist�and people are singling him out as the grim reaper
  22. of the open Internet.
  23.  
  24.  Another on Hacker News chirps: �In six months FCC Chairman
  25. Tom Wheeler will be a VP at NBC Universal/Comcast. Not a
  26. bribe; just coincidence.�
  27.  
  28.  Wheeler is a somewhat controversial guy even in Washington,
  29. which usually has a pretty high tolerance for potential
  30. conflicts of interest. Back when Obama appointed him in
  31. 2013 to be the head of the FCC, plenty of critics were
  32. quick to dismiss him as an insider who would favor big
  33. cable companies. �All of the senators in the Commerce
  34. Committee know Tom as a lobbyist who funnels funds to
  35. them, not as a stand-up guy from a regulatory agency who
  36. is able to take heat,� one veteran Washington telecommunications
  37. insider told Reuters last year.
  38.  
  39.  If the deal goes through (the official rules won�t be set
  40. for a few more weeks), there will be winners and losers.
  41. The winners will be the Internet providers themselves
  42. (Verizon, Comcast, etc.), who will be able to capture
  43. new fees from media companies. The second group of winners
  44. are large, privately held Internet companies � from Amazon
  45. to Google � that can afford to offer their customers
  46. faster browsing speeds.
  47.  
  48.  Which brings us to the losers: startups, small businesses
  49. and the average customer. Net neutrality theoretically
  50. ensures equal footing for new media companies trying to
  51. offer better products for the web. But that will become
  52. impossible for new companies if the data plans to host
  53. those new enterprises become too burdensome.
  54.  
  55.  As Fred Wilson, the popular venture capitalist, writes,
  56. �Telcos will pick their preferred partners, subsidize the
  57. data costs for those apps, and make it much harder for
  58. new entrants to compete with the incumbents.�
  59.  
  60.  Which is VC-speak for: Sorry, we�re not going to fund
  61. your new app.
  62.  
  63.  Wheeler, for his part, came out with a statement yesterday
  64. maintaining that the new rules will actually favor consumers:
  65. �There are reports that the FCC is gutting the Open Internet
  66. rule. They are flat out wrong. Tomorrow we will circulate
  67. to the Commission a new Open Internet proposal that will
  68. restore the concepts of net neutrality consistent with
  69. the court�s ruling in January.�
  70.  
  71. No one really seems to be buying it.
  72.  
  73.  As news of the new FCC ruling broke yesterday, an online
  74. petition directed at Wheeler and the FCC surfaced. �The
  75. future of the open Internet is in your hands,� it says.
  76. �And yet you have proposed rules that would actually
  77. break it.�
  78.    
  79.    
  80. Net Neutrality Finally Dies at Ripe Old Age of 45
  81.  
  82. http://www.motherjones.com/kevin-drum/2014/04/net-neutrality-finally-dies-ripe-old-age-of-45
  83.  
  84.  Apparently net neutrality is officially dead. The Wall
  85. Street Journal reports today that the FCC has given up
  86. on finding a legal avenue to enforce equal access and
  87. will instead propose rules that explicitly allow broadband
  88. suppliers to favor companies that pay them for faster pipes:
  89.  
  90. http://online.wsj.com/news/articles/SB10001424052702304518704579519963416350296?
  91.  
  92.    The Federal Communications Commission plans to propose
  93.   new open Internet rules on Thursday that would allow
  94.   content companies to pay Internet service providers for
  95.   special access to consumers, according to a person familiar
  96.   with the proposal.
  97.  
  98.    The proposed rules would prevent the service providers
  99.   from blocking or discriminating against specific websites,
  100.   but would allow broadband providers to give some traffic
  101.   preferential treatment, so long as such arrangements are
  102.   available on �commercially reasonable� terms for all
  103.   interested content companies. Whether the terms are
  104.   commercially reasonable would be decided by the FCC on
  105.   a case-by-case basis.
  106.  
  107.    �The FCC�s proposal would allow some forms of discrimination
  108.   while preventing companies from slowing down or blocking
  109.   specific websites, which likely won�t satisfy all proponents
  110.   of net neutrality, the concept that all Internet traffic
  111.   should be treated equally. The Commission has also decided
  112.   for now against reclassifying broadband as a public utility,
  113.   which would subject ISPs to much greater regulation. However,
  114.   the Commission has left the reclassification option on the
  115.   table at present.
  116.  
  117.  So Google and Microsoft and Netflix and other large, well-
  118. capitalized incumbents will pay for speedy service. Smaller
  119. companies that can�t � or that ISPs just aren�t interested in
  120. dealing with � will get whatever plodding service is left for
  121. everyone else. ISPs won�t be allowed to deliberately slow
  122. down traffic from specific sites, but that�s about all that�s
  123. left of net neutrality. Once you�ve approved the notion of
  124. two-tier service, it hardly matters whether you�re speeding
  125. up some of the sites or slowing down others.
  126.  
  127.  This might have been inevitable, for both legal and commercial
  128. reasons. But that doesn�t mean we have to like it.
  129.  
  130.  
  131. How The FCC Plans Neuter The Net
  132.  
  133. https://www.techdirt.com/articles/20140424/16233027022/how-fcc-plans-neuter-net-even-as-fcc-insists-everyones-got-it-all-wrong.shtml
  134.  
  135.  So, we already wrote about why Tom Wheeler's "open internet"
  136. proposal is problematic, but Wheeler and the FCC are hitting
  137. back on everyone who�s arguing that -- telling everyone to calm
  138. down, insisting that nothing has changed, and that they�re
  139. actually trying to preserve the old "open internet" rules from
  140. 2010 that a court tossed out earlier this year.
  141.  
  142.  The problem is that this is absolutely misleading -- and either
  143. the FCC doesn�t realize this or it�s not being honest. And, I�m
  144. not sure which one is more bizarre. Wheeler is, indeed, correct
  145. in saying that under the court ruling from earlier this year,
  146. in order to be able to do anything under Section 706 of the
  147. Telecom Act, they had to shift from talking about "unreasonable
  148. discrimination" (which they can�t regulate under 706) to
  149. "commercially reasonable" activities (which they can regulate).
  150. So, in effect, Wheeler is trying to argue that by basically
  151. shifting the basis for the rules and substituting in the
  152. "commercially reasonable" standard as opposed to blocking
  153. "unreasonable discrimination" (which can be done under common
  154. carrier rules, but since the FCC reclassified broadband service
  155. as not being a telco service, that�s not available), they�re
  156. now back in proper legal territory under the law.
  157.  
  158.  Perhaps Wheeler and his friends at the FCC think that this
  159. subtle shift in phrases to abide by the blueprint the court
  160. set out really does leave the existing rules in place. But,
  161. it�s not that simple. As Stacy Higginbotham points out, even
  162. if the FCC doesn�t want to destroy net neutrality, this subtle
  163. shift will do so anyway. To understand why, the best article to
  164. read is the one by Marvin Ammori, who has been fighting this
  165. fight for years. He argues that, unlike the CNET article above
  166. that says to "calm down," we should actually be even more
  167. worried. Because even if the FCC thinks it can stop net neutrality
  168. violations, companies are still going to get screwed. Basically,
  169. the FCC can only act after the fact, and then it�s going to come
  170. down to a fight between a big telcos� lawyers... and a tiny
  171. startups� lawyers. Guess who wins?
  172.  
  173.  The FCC will propose an incredibly vague and complicated multifactor
  174. test, one that takes into account the market conditions, technology,
  175. alternatives available to each side, competitive dynamics. This is
  176. the kind of stuff that requires very expensive expert witnesses in
  177. very expensive legal proceedings. There may be up to 16 factors
  178. listed, plus a catch-all for "other factors."
  179.  
  180.  So, according to the FCC, when Verizon discriminates against a
  181. startup, we shouldn�t be alarmed, because (while being discriminated
  182. against), this startup can hire a lot of expensive lawyers and
  183. expert witnesses and meet Verizon (a company worth more than $100
  184. billion) at the FCC and litigate this issue out, with no certainty
  185. as to the rule. The startup will almost certainly lose either at
  186. the FCC or on appeal to a higher court, after bleeding money on
  187. lawyers.
  188.  
  189.  He�s not basing this on some theoretical crystal ball. It�s
  190. already happened -- and it�s obvious from the Court�s ruling
  191. earlier this year:
  192.  
  193.    Back in January, the D.C. Circuit struck down the FCC�s
  194.   last attempt at net neutrality, saying that Section 706 does
  195.   not permit the commission to stop nondiscrimination. It pointed
  196.   to another legal decision, concerning data roaming, in which the
  197.   FCC adopted a 16-factor test like the one I explained above.
  198.   Based on an earlier case, the FCC can probably ban one or two
  199.   specific practices, such as blocking certain websites or
  200.   applications. That�s about it.
  201.  
  202.  So here�s the issue: the old rules were incredibly weak and
  203. nearly pointless in the first place. They didn�t apply to wireless
  204. (nor, apparently, will the new rules) and they didn�t really
  205. protect net neutrality. They were crafted, in part by the telcos,
  206. through a long-drawn out process, in which the former FCC boss
  207. tried to keep everyone happy and ended up pleasing no one. That�s
  208. why we were a little perplexed at the outrage over those rules
  209. being thrown out earlier this year in the first place. Those
  210. rules were nothing great.
  211.  
  212.  The problem is that this new proposal isn�t just "those same
  213. old rules" as the FCC would like you to believe. Instead, they�re
  214. the same old rules, made weaker at the critical juncture by the
  215. necessary legalese change to "commercially reasonable" and by
  216. the clear nature of what the court says the FCC is able to do
  217. under Section 706. And while some think the answer is to shift
  218. broadband back under Title II and put them under common carrier
  219. rules, that�s almost certainly a political impossibility --
  220. which is why Wheeler is trying to thread this needle.
  221.  
  222.  As we�ve said for a decade now, the underlying problem is a
  223. lack of competition. These kinds of rules, including things
  224. like transparency into the crap that the telcos are pulling
  225. only matter if you have options. When you don�t, then they
  226. can be transparent as to how they�re screwing you over, and
  227. there�s really just not much you can do. And that�s kind of
  228. the situation we�re in today. Wheeler claims this is no change
  229. and people are overreacting, but what they�re realizing is
  230. that the existing rules in 2010 were kind of a joke anyway,
  231. and what little power they had to keep the internet open and
  232. non-discriminatory back then is now pretty much gone with
  233. this new wording. So, Wheeler may not want to be killing off
  234. the open internet, but the end result may be exactly that.
  235.  
  236.  
  237. New FCC Proposal Will Permit Discrimination Of Web Content
  238.  
  239. http://www.zerohedge.com/news/2014-04-26/say-goodbye-net-neutrality-%E2%80%93-new-fcc-proposal-will-permit-discrimination-web-content
  240.  
  241.  
  242. Wake Up, Internet! Time to Save Yourself!
  243.  
  244. https://www.commondreams.org/view/2014/04/25-4
  245.  
  246.  
  247. Obama Has Not Kept His Promise to Enforce Net Neutrality
  248.  
  249. http://www.newrepublic.com/article/117516/fccs-new-rules-show-obama-has-not-kept-net-neutrality-promise
  250.  
  251.  
  252. FCC planning new Internet rules that will gut Net Neutrality.
  253. Get ready to pay more for the stuff you love online.
  254.  
  255. http://boingboing.net/2014/04/23/fcc-planning-new-internet-rule.html
  256.  
  257.  The Wall Street Journal was first to report that The Federal
  258. Communications Commission will propose new open Internet rules
  259. this Thursday that will allow content companies to pay Internet
  260. service providers "for special access to consumers."
  261.  
  262.  Under the new rules, service providers may not block or
  263. discriminate against specific websites, but they can charge
  264. certain sites or services for preferential traffic treatment
  265. if the ISPs� discrimination is "commercially reasonable."
  266.  
  267.  Bye-bye, Net Neutrality, and the internet as we know it.
  268. Hello, greater connectivity gap between rich and poor in
  269. America.
  270.  
  271.  For what it�s worth: The FCC�s current Chairman, Tom Wheeler,
  272. previously worked as a VC and lobbyist for the cable and
  273. wireless industry.
  274.  
  275.  The FCC Commissioners� email addresses, to which concerned
  276. citizens might send concerned email: [email protected]
  277. [email protected] , [email protected] ,
  278. [email protected] , Mike.O'[email protected]. The FCC�s main
  279. telephone line is 1-888-225-5322.
  280.  
  281. More contact information and postal mail address here.
  282.  
  283. https://www.fcc.gov/contact-us
  284.  
  285. Federal Communications Commission
  286. 445 12th Street, SW
  287. Washington, DC 20554
  288.  
  289. To Contact the Commissioners via E-mail
  290.  
  291. Chairman Tom Wheeler: [email protected]
  292. Commissioner Mignon Clyburn: [email protected]
  293. Commissioner Jessica Rosenworcel: [email protected]
  294. Commissioner Ajit Pai: [email protected]
  295. Commissioner Michael O�Rielly: Mike.O'[email protected]
  296. To Provide Non Docketed Comments or Seek Information
  297.  
  298. Complaints: File a Complaint
  299.  
  300. Freedom of Information Act requests: [email protected]
  301. Elections & political candidate matters: [email protected]
  302. Broadcast Information: Broadcast Information Specialists
  303. To Obtain Information via Telephone
  304. 1-888-225-5322 (1-888-CALL FCC) Voice: toll-free
  305. 1-888-835-5322 (1-888-TELL FCC) TTY: toll-free
  306. 1-866-418-0232 FAX: toll-free
  307. 1-202-418-1440 Elections & political candidate matters
  308. Broadcast Information Specialists
  309. Business hours are 8:00am-5:30pm, ET

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