FCC Unloads, Releases 313-page Report and Order on Net Neutrality

The full text of the FCC’s open internet order has now been released, along with 305 additional pages of exegetical elaboration and 79 pages of formal dissents from the two Republican commissioners.

ppcommissioners-nov-2013-webFrom an OTT perspective, there isn’t much in the full text that wasn’t already known from what the FCC released last month when it voted to approve the rules: The order’s “bright-line” rules against blocking, throttling and paid prioritization do not apply to commercial interconnection arrangements. However, the FCC will consider complaints regarding those arrangements and will take (unspecified) enforcement action if an ISP’s behavior is determined to violate the order’s “general conduct standard,” prohibiting actions that “unreasonably” interfere with or damage consumers or edge providers. Read More »

HBO Leaves in the Middle Man

HBO just can’t quit the bundle. With HBO Now, its new, over-the-top streaming service, the network for the first time is making its content available to stream without a pay-TV subscription. But HBO still hopes to sell it as part of a bundle. The only differences are the the other components of the bundle and the identity of the bundlers.

At launch, HBO Now will be sold exclusively by Apple and available on Apple devices only. According to HBO’s FAQ, “you can subscribe to HBO NOW using your iTunes account. Customers can access HBO NOW by going to HBONOW.com, through AppleTV® or by downloading the HBO NOW app in the Apple App Store®.” Apple and HBO will then share customer support duties. Read More »

Finger-pointing over interconnection

When a consumer’s OTT video stream starts rebuffering, or suffers packet losses resulting in degraded quality, it’s often hard to know where to direct blame. The problem is typically caused by congestion somewhere between the content’s originating server and the consumer’s receiving device. But exactly where in the chain of transit that congestion is occurring, and more importantly who is responsible and why, can be difficult even for engineers — and virtually impossible for consumers — to ascertain.

045448280-maclean-d-deshler-m-baldwinBack when it appeared the FCC was poised to classify interconnection arrangements between last-mile ISPs and third-party transit and content providers as a new, distinct type of Title II service the question of liability for congestion in the chain of transit suddenly became urgent for those involved in wholesale traffic exchanges. Read More »

Net Neutrality: Interconnection Covered, But Not By ‘Bright Line’ Rules

After a flurry of last-minute lobbying and internal debate the FCC ultimately backed off its plan to define interconnection arrangements between ISPs and third-party content and applications providers as distinct service separate from last-mile internet access service in its Open Internet order, which it approved today by a 3-2 party line vote. But the commission asserted its authority under Title II of the Communications Act to hear complaints and take appropriate enforcement action if it determines that specific interconnection practices by ISPs are not “just and reasonable.”

ppcommissioners-nov-2013-webThe decision to drop the separate classification of the service that ISPs make available to edge providers marks an apparent shift from the proposal outlined in the Feb. 4 fact sheet released by FCC chairman Tom Wheeler, which referred to interconnection and last-mile service separately. But it eliminates the potential legal problem for the commission’s authority to review interconnection arrangements that separate classification could have created. Read More »