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As congressional policymakers continue to debate telecommunications reform, a major discussion point revolves around what approach should be taken to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and nondiscriminatory treatment, is referred to as "net neutrality." While there is no single accepted definition of "net neutrality," most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network.The Federal Communications Commission (FCC) in its February 26, 2015, open meeting voted 3-2, along party lines, to adopt new open Internet rules and released these rules on March 12, 2015. One of the most controversial aspects of the rules is the decision to reclassify broadband Internet access service as telecommunications service under Title II, thereby subjecting Internet service providers to a more stringent regulatory framework. With limited exceptions, the rules went into effect June 12, 2015. Various parties challenged the legality of the FCC's 2015 Open Internet Order, but the U.S. Court of Appeals for the D.C. Circuit, in a June 14, 2016, ruling, voted (2-1) to uphold the legality of all aspects of the 2015 FCC Order. A petition for full U.S. Appeals Court review was denied and parties have petitioned for U.S. Supreme Court review.The FCC's May 18, 2017, adoption (2-1) of a Notice of Proposed Rulemaking to reexamine the rules adopted in 2015, with an eye to considering a less regulatory approach, has once again opened up the debate over what the appropriate framework is to ensure an open Internet. Reaction to this proposal has been mixed. Some see the current FCC rules as regulatory overreach and welcome a more "light-touch" approach, which they feel will stimulate broadband investment, deployment, and innovation. Others fully support the current 2015 regulations and feel that their modification will result in a concentration of power to the detriment of content, services, and applications providers, as well as consumers, and refute the claim that these regulations have had a negative impact on broadband investment, expansion, or innovation. The draft Order is currently under circulation to the commissioners with a vote by the full commission tentatively scheduled for December 14, 2017.To date, congressional action in the 115th Congress has focused on two aspects of the current rules: privacy (S.J.Res. 34, S. 878, S. 964, H.J.Res. 86, H.Res. 230, H.R. 1754, H.R. 1868, H.R. 2520, H.R. 3175) and transparency (S. 228, H.R. 288). Separately, legislation (S. 993) to nullify the FCC's 2015 Open Internet Order has also been introduced. The FCC's move to reexamine its existing open Internet rules has reopened the debate over whether Congress should consider a more comprehensive measure to amend existing law to provide greater regulatory stability and guidance to the FCC. Whether Congress will choose to address more comprehensive legislation to amend the 1934 Communications Act, to provide a broad-based framework for such regulation, remains to be seen.… (plus d'informations)
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Short, but functional, thorough, and even-handed overview of a controversial topic with a convoluted legal and regulatory history. In a nutshell, is broadband Internet service an "information service" (Title I of the Telecommunications Act of 1934) with little regulation, or a common carrier under Title II? It's vacillated between the two. Although net neutrality has been a *policy* of the FCC since 2005, it wasn't officially the rule until 2010, which was overturned by Verizon v. FCC. The new net neutrality rule was reinstated in 2015 by an FCC Order that was then replaced by a new Order in 2018, which returned the Internet to the status of an unregulated information service. Whew! But don't be surprised if that later changes, either by Congress invoking the Congressional Review Act to overturn an administrative regulation, or by a new board of FCC commissioners from a Democratic administration. ( )
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As congressional policymakers continue to debate telecommunications reform, a major discussion point revolves around what approach should be taken to ensure unfettered access to the Internet. The move to place restrictions on the owners of the networks that compose and provide access to the Internet, to ensure equal access and nondiscriminatory treatment, is referred to as "net neutrality." While there is no single accepted definition of "net neutrality," most agree that any such definition should include the general principles that owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network, and they should not be able to discriminate against content provider access to that network.The Federal Communications Commission (FCC) in its February 26, 2015, open meeting voted 3-2, along party lines, to adopt new open Internet rules and released these rules on March 12, 2015. One of the most controversial aspects of the rules is the decision to reclassify broadband Internet access service as telecommunications service under Title II, thereby subjecting Internet service providers to a more stringent regulatory framework. With limited exceptions, the rules went into effect June 12, 2015. Various parties challenged the legality of the FCC's 2015 Open Internet Order, but the U.S. Court of Appeals for the D.C. Circuit, in a June 14, 2016, ruling, voted (2-1) to uphold the legality of all aspects of the 2015 FCC Order. A petition for full U.S. Appeals Court review was denied and parties have petitioned for U.S. Supreme Court review.The FCC's May 18, 2017, adoption (2-1) of a Notice of Proposed Rulemaking to reexamine the rules adopted in 2015, with an eye to considering a less regulatory approach, has once again opened up the debate over what the appropriate framework is to ensure an open Internet. Reaction to this proposal has been mixed. Some see the current FCC rules as regulatory overreach and welcome a more "light-touch" approach, which they feel will stimulate broadband investment, deployment, and innovation. Others fully support the current 2015 regulations and feel that their modification will result in a concentration of power to the detriment of content, services, and applications providers, as well as consumers, and refute the claim that these regulations have had a negative impact on broadband investment, expansion, or innovation. The draft Order is currently under circulation to the commissioners with a vote by the full commission tentatively scheduled for December 14, 2017.To date, congressional action in the 115th Congress has focused on two aspects of the current rules: privacy (S.J.Res. 34, S. 878, S. 964, H.J.Res. 86, H.Res. 230, H.R. 1754, H.R. 1868, H.R. 2520, H.R. 3175) and transparency (S. 228, H.R. 288). Separately, legislation (S. 993) to nullify the FCC's 2015 Open Internet Order has also been introduced. The FCC's move to reexamine its existing open Internet rules has reopened the debate over whether Congress should consider a more comprehensive measure to amend existing law to provide greater regulatory stability and guidance to the FCC. Whether Congress will choose to address more comprehensive legislation to amend the 1934 Communications Act, to provide a broad-based framework for such regulation, remains to be seen.
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