WASHINGTON, DC—Today, FCC Chairman Tom Wheeler revealed the Federal Communications Commission’s approach to preserving an open and accessible Internet. The proposed Order would prohibit Internet Service Providers (ISPs) from discriminating against lawful online content. FCC Chairman Tom Wheeler made the case for the new rules in an Op-Ed in Wired.

The proposed rules will reclassify broadband Internet as a “telecommunications service” under Title II of the Communications Act. The proposed Order applies to both wireline and mobile broadband and introduces “bright line rules” prohibiting ISP mischief. According to an FCC fact sheet [PDF], core provisions include:

• No Blocking: broadband providers may not block access to legal content, applications, services, or non-harmful devices.
• No Throttling: broadband providers may not impair or degrade lawful Internet traffic on the basis of content, applications, services, or non-harmful devices.
• No Paid Prioritization: broadband providers may not favor some lawful Internet traffic over other lawful traffic in exchange for consideration—in other words, no “fast lanes.” This rule also bans ISPs from prioritizing content and services of their affiliates.

The proposal also addresses ‘interconnection”—the conduits between companies with large amounts of data to transmit and the ISPs who control access points to the so-called “last mile,” where Internet users receive content. The proposal provides for a complaint process in which “appropriate enforcement action” would be taken based on a “just and reasonable” standard.

The FCC will not apply or enforce Title II provisions that are not in the public interest, including additional tariffs, taxes or fees.

The Order—which is set for a vote at the Commission on February 26, 2015—also addresses potential future concerns by establishing a “a general Open Internet conduct standard” in which ISPs “cannot harm consumers or edge providers.”

The following statement is attributed to Casey Rae, CEO of Music Coalition (FMC), a national non-profit research, education and advocacy organization for musicians and composers:

“The fact that the FCC has chosen to reclassify broadband as a telecommunications service is a true watershed moment. For a decade, musicians and independent labels have urged the Commission to do what it must to ensure that our creativity and expression isn’t disadvantaged based on the business or political preferences of just a few powerful ISPs. Today’s announcement sends a powerful signal to Internet gatekeepers that our voices matter.

“A closer examination of the Order will provide greater certainty about the range of protections it contains. Still, artists and advocates should take a moment to celebrate how far we’ve come. The sustained engagement of the creative community on this issue has had a real impact on the outcome, and we like what we’re hearing so far. Strong and enforceable net neutrality rules under a Title II framework will allow artists and creative entrepreneurs to start businesses, grow careers and enrich our lives in countless ways.”

Rock the Net
 https://futureofmusic.org/issues/campaigns/rock-net

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