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FCC 2010 network neutrality
rules
FCC 互聯網政策: 近年議題
FCC Internet Policies - current issues
在融合媒體年代,如何規管?
包括如何歸類一些新服務?
要不要規管這些新服務?
Regulatory problem
in the age of convergence
- difficult to classify services
-whether to regulate
a) Internet telephony (VOIP)
b) Webcasting (IPTV)
如何促進互聯網的使用? 包括促進
寬帶使用, 縮小數字鴻溝
How to resolve problems
of access
a) Promote broadband access
b) Bridge digital divide
ISP: 對待新產品和科技?
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在美國,只有少數ISP
 投資、建設和擁有傳輸網絡
有些ISP想將服務分為兩等 two-tier Internet service:
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普通等 ordinary Internet services get one level of performance and
優先等 (自家品牌) preferred sites or services, presumably including the
ISPs’ own services, get better performance
堵塞/阻礙用戶
 使用新產品和科技,或希望他們多交費用
用各式各樣方法,令競爭者不能發展新科技
 傳統電話versus 網絡電話
 傳統電視 versus 網絡電視
FCC 2005 年政策聲明
FCC: 2005 Internet policy statement
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促進寬帶使用,確保互聯網的公開和互聯特性, 以達致:
 消費者能如願取得合法的網上資訊
 消費者能如願使用網上程式和服務…
 消費者能如願接駁合法的設置…
 消費者能享有一個存在競爭的市場 (即能從網絡供應商,
設備和服務供應商,內容供應商的競爭中得到好處)
To encourage broadband deployment and preserve and promote the
open and interconnected nature of the public Internet, consumers are
entitled to access the lawful Internet content of their choice.
FCC 2005 年政策聲明
FCC: 2005 Internet policy statement
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To encourage broadband deployment and preserve and promote the
open and interconnected nature of the public Internet, consumers are
entitled to run applications and use services of their choice, subject to
the needs of law enforcement
To encourage broadband deployment and preserve and promote the
open and interconnected nature of the public Internet, consumers are
entitled to connect their choice of legal devices that do not harm the
network.
To encourage broadband deployment and preserve and promote the
open and interconnected nature of the public Internet, consumers are
entitled to competition among network providers, application and
service providers, and content providers.
FCC 製定網絡中立規則
FCC Order to preserve an open Internet
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2010年採取進一步行動, 12月22投票通過網絡中立的規則
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Dec. 22, FCC in 3-2 voted to preserve the Internet as an open
network
enabling consumer choice, freedom of expression, user control,
competition and the freedom to innovate
The Order builds
 on the 2005 Internet Policy Statement
FCC 認為它有權製定有關規則
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FCC is of the view that broadband Internet access services are clearly
within the Commission’s jurisdiction.
FCC 2010規則: 意義?
2010 Order: significance?
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為確保互聯網是自由和開放的
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有必要規管寬帶網絡如何管理和營運
Future of the Internet:
 free and open?
To ensure that
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need to regulate how broadband networks are managed and
operated?
FCC 2010規則: 意義?
2010 Order: significance?
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美國總統奧巴馬說:
 Today's decision will help preserve the free and
open nature of the Internet while encouraging
innovation, protecting consumer choice, and
defending free speech.
實際作用?
 Facebook updates, Google searches, Skype calls
reach consumers' homes unimpeded
FCC 2010 Order
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Rule 1: Transparency 要確保透明
A person engaged in the provision of broadband Internet
access service shall publicly disclose accurate information
regarding the network management practices,
performance, and commercial terms of its broadband
Internet access services sufficient for consumers to make
informed choices regarding use of such services and for
content, application, service, and device providers to
develop, market, and maintain Internet offerings.
2010 FCC Order
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Rule 2: No Blocking 不准堵塞
A person engaged in the provision of fixed broadband Internet access
service, insofar as such person is so engaged, shall not block lawful
content, applications, services, or non-harmful devices, subject to
reasonable network management.
A person engaged in the provision of mobile broadband Internet
access service, insofar as such person is so engaged, shall not block
consumers from accessing lawful websites, subject to reasonable
network management; nor shall such person block applications that
compete with the provider’s voice or video telephony services, subject
to reasonable network
2010 FCC Order
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Rule 3: No Unreasonable Discrimination 不容許不合理的
差別對待
A person engaged in the provision of fixed broadband
Internet access service, insofar as such person is so
engaged, shall not unreasonably discriminate in
transmitting lawful network traffic over a consumer’s
broadband Internet access service. Reasonable network
management shall not constitute unreasonable
discrimination.
2010 FCC Order
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Further aspects
Pay for Priority Unlikely to Satisfy “No Unreasonable
Discrimination” Rule
Measured Steps for Mobile Broadband
Specialized Services
Rules (explained and reported)
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The first rule
 requires both wireless and wireline providers to be transparent in
how they manage and operate their networks.
The second rule
 prohibits the blocking of traffic on the Internet. The rule applies to
both fixed wireline broadband network operators as well as to
wireless providers. But the stipulations for each type of network are
slightly different.
The last rule
 applies only to fixed broadband providers
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It prohibits fixed wireline broadband providers from unreasonably
discriminating against traffic on their network.
Rules (explained and reported)
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2010 的規則,可分成兩套:
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固網管得較嚴,移動較鬆
The new Net neutrality rules
create two classes of service subject to different rules:
 one that applies to fixed broadband networks
 one for wireless networks
The FCC says this is necessary because wireless networks
are technologically different from fixed broadband
networks
Regulating the Internet so to keep it
open?
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用不用製定2010規則?
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分歧很大
Two opposite camps
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Regulatory measures (bureaucratic oversight) versus
market forces and technological advances
News rules: not far enough?
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Democrats argued
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the FCC should still consider reclassifying broadband traffic to
ensure it has the authority to enforce new rules.
Net neutrality supporters
 say the regulation doesn't go far enough
 CC sided too heavily with big phone companies and
cable operators in drafting the new rules
 rules do not provide enough protection for consumers.
News rules: not far enough?
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The proposal falls short of what some consumer
advocates had sought
would prevent wireless carriers from blocking
competing voice services on smartphones
But it would allow them to charge more for other
types of Internet applications, such as video or
social networking services
News rules: not far enough?
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real impact on Internet video?
unclear whether a company such as Comcast could
in effect give its video-on-demand service priority
over competitors such as Netflix, YouTube and
Amazon by charging them more to transmit high
volumes of data
Feedbacks from ISPs
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"Based on today's announcement, the FCC
appears to assert broad authority for sweeping new
regulation of broadband wireline and wireless
networks and the Internet itself," said Tom Tauke,
Verizon's executive vice president of public policy.
Arguing against regulation
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Power of the FCC
 inappropriate for unelected FCC officials to make rules…without
explicit direction from the Congress
The technology factor
 The Internet remains a very new technology and economy. We are at
the beginning of a period of dramatic technological change.
 FCC may inhibit the ability of networks to freely innovate and
experiment, to seek out the differentiation that breeds opportunity
and consumer choice
 Risk of government censure will unmistakably chill new
developments
Arguing against regulation
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McDowell
 Net neutrality rules unnecessary.
The FCC bypasses branches of our government in the dogged pursuit
of needless and harmful regulation
1. Nothing is broken with the current system.
2. The FCC doesn't have the legal authority to enforces these rules.
3. The rules will cause harm to the economy by stifling investment.
4. Existing laws and government structures provide ample consumer
protections in the event of systemic market failure.
New rules: problematic?
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net-neutrality rules
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widely expected to face a court test and
could be challenged on Capitol Hill by the Republicans
who will assume control of the House in January
Oppositions from Republican politicians
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共和黨議員: 會盡一切努力推翻有關規則
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打算舉行聽證會,質詢FCC主席有關規則是否越權
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Two republicans said they would summon Genachowski for hearings on whether the
agency has authority to pursue such rules.
打算立法推翻有關規則
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We are going to be exploring every option to reverse this
order.
Two others said that that legislation would be introduced to overturn
the regulations.
打算提出議案削減FCC經費,令它無法實施有關規則
Another republican said she will move to withdraw funds
appropriated to the FCC to execute the rules.
New rules: problematic?
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Enforcing them is still uncertain
Compromises? Not going far enough?
not address the question of legal authority
 2010 summer: proposed a "third way" that would reclassify
broadband traffic so that some aspects of broadband would comply
with old rules used to regulate the telephone network
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This proposal was largely panned by critics
 No more mentioning of reclassifying broadband traffic
Cable and telecom giants will file lawsuits challenging the FCC's
authority to regulate the broadband market?
FCC ：製定規則的權力？
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2010年4月，美國一個法院在Comcast 一案中，認為
1) 國會給予FCC廣泛的權力去應對科技發展
Congress gave the FCC broad and adaptable jurisdiction so
that it can keep pace with rapidly evolving communications
technologies
 the Internet is such a technology, arguably the most
important innovation in communications in a generation
FCC ：製定規則的權力？
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2) 這些權力具相當彈性，好讓FCC能應對因科技發展帶來的規管難題
，但這不等於FCC可任意規管一些活動，因為法律根本沒有賦予FCC
權力去規管這些活動
notwithstanding the “difficult regulatory problem of rapid
technological change” posed by the communications industry, "the
allowance of wide latitude in the exercise of delegated powers is not the
equivalent of untrammeled freedom to regulate activities over which the
statute fails to confer . . . Commission authority."
Because the Commission has failed to tie its assertion of ancillary
authority over Comcast's Internet service to any "statutorily mandated
responsibility,”
 we grant the petition for review and vacate the Order.
Timeline
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2004
 In February, then-FCC Chairman Michael Powell gives a speech
called “Preserving Internet Freedom: Guiding Principles for the
Industry,” outlining the idea of four Internet Freedoms in response
to calls for some type of network neutrality.
2005
 In February, Madison River, a telephone company, blocks Vonage
VoIP services, creating one of the first cases of an ISP
discriminating against IP traffic. The FCC later put a stop to the
discrimination, and in August the commission proposed a set of four
Open Internet Principles. As a policy statement, they were a start,
but they lacked teeth because they weren’t regulations…
http://gigaom.com/2010/12/21/a-net-neutrality-timeline-how-we-gothere/
Timeline
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2006
 Congress attempted to pass the first of many network neutrality bills. In
general, ISPs and hardware makers are against any legislation, while large
Internet content providers and engineers are in favor, with eBay’s thenCEO Meg Whitman sent an email to eBay’s users asking them to contact
their Congressmen in favor of network neutrality. The law didn’t pass.
2007:
 another net neutrality bill. It failed. Meanwhile, users accused Comcast of
blocking P2P files on its network — a problem in part because such files
often include video that might be considered competitive with Comcast’s
own pay TV service. The FCC investigates.
2008
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Another net neutrality bill introduced. The FCC found Comcast was blocking P2P files on its
network as part of its network management practice. The FCC under Chairman Kevin Martin
censured Comcast for blocking such files and ordered it to implement and file a new and nondiscriminatory network management plan.
Timeline
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2009
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2010
In April, a court says the FCC doesn’t have the authority to censure
Comcast for violating the Open Internet Principles…
Summer:
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Comcast sues the FCC. In September, FCC Chairman Julius Genachowski began to
create rules to cover network neutrality…
the FCC proposed the Third Way
Google and Verizon came up with suggested policy framework and Congress
attempting a bill.
Dec. 22
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the FCC revamped its order to provide the three principles… That will ensure the
FCC is arbitrating network neutrality disputes for years to come and likely fighting
for that power in the courts.
End