As ISPs, both large and small, gear up to sue the FCC over its forthcoming net neutrality order, even strong supporters of net neutrality have begun pointing to potential legal problems with the proposal outlined by FCC chairman Tom Wheeler earlier this month. One of biggest potential problems, as far as OTT providers are concerned, was flagged by Free Press policy director Matthew Wood. Read More »
Now that we know the broad outlines of the FCC’s forthcoming open internet order the next phase of the battle over net neutrality rules is getting under way. It will be fought out on at least three fronts: in the courts, on Capitol Hill and within the FCC itself.
The main front will be in the courts, where litigation is all but certain to be filed challenging the commission’s decision to reclassify broadband access as a Title II telecommunications service, probably by AT&T, just as soon as the new rules are formally published in the Federal Register. AT&T has already telegraphed its litigation plans, as well as the legal arguments it’s likely to make. Read More »
Say what you will about BlackBerry CEO John Chen’s blog post last week calling on policymakers to include application/content neutrality as part of any carrier-centric net neutrality rules — and the reviews have been brutal — but there is an important insight about the evolution of the over-the-top video market lurking inside what is otherwise an impractical proposal.
Chen suggests that broadband providers today “are like the railways of the last century, building the tracks to carry traffic to all points,” but notes that “the railway cars travelling on those tracks are, in today’s internet world, controlled not by the carriers but by content and applications providers.” Read More »