FCC safe harbor gift to telcos is a pirate's dream

26 November 2017 by Steve Blum
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The Federal Communications Commission’s sure-to-be-approved draft decision stripping broadband service of common carrier classification could create an island of legal immunity for Internet service providers. At least some of them.

It’s kind of like Pirates of the Caribbean. Not the Disney movie, the real pirates. The ones who looted and murdered their way to riches, and returned to safe havens far beyond the reach of law or civilisation.

The draft removes the FCC from any meaningful broadband oversight role, and preempts states from trying to pick up any of the slack, real or imagined.… More

When geeks go bad: FCC majority turns twisted tech into politicised policy

24 November 2017 by Steve Blum
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The rationale for declaring broadband to no longer be a common carrier service is a dog’s breakfast of contrived logic and ignored facts. The draft decision was posted Wednesday by Federal Communications Commission chair Ajit Pai, after being enthusiastically pimped by his fellow republicans and fearfully slagged by their democratic counterparts. It’s on a fast track to be approved on a party line vote in mid-December.

This reversal rests on the FCC majority’s argument that broadband is not a simple telecommunications service, which federal law defines as “the transmission, between or among points specified by the user, of information of the user’s choosing, without change in the form or content of the information as sent and received”.… More

The dingo is in the details as FCC reverses common carrier decision, preempts state broadband laws

22 November 2017 by Steve Blum
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The Federal Communications Commission’s draft common carrier order is an unconditional surrender to the demands and desires of big cable and telephone companies. It reverses the 2015 decision to treat broadband as a common carrier service and impose network neutrality rules. As tabled by chairman Ajit Pai and enthusiastically endorsed by his colleagues in the republican FCC majority, the draft combines a lawyerly micro-focus on cherry picked data points with arguments formed not by reason but by a pre-determined result.… More

FCC pre-cooks its common carrier turkey

22 November 2017 by Steve Blum
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Update: The complete draft has been published:

In the Matter of Restoring Internet Freedom, Declaratory Ruling, Report and Order, and Order

It runs 210 pages. I’ll have a summary post up later this morning. Happy Thanksgiving.


The full text of Federal Communications Commission chair Ajit Pai’s draft order declaring that broadband is no longer a common carrier service or subject to network neutrality rules is supposed to be released today. We’ll have three weeks to read, debate, praise, protest and, ultimately, swallow it, since there’s little chance it’ll be changed or delayed significantly.… More

FCC scrapping common carrier status, net neutrality rules for broadband

21 November 2017 by Steve Blum
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Federal Communications Commission chairman Ajit Pai dropped the draft of his common carrier decision on fellow commissioners this morning, and plans to make it public tomorrow. Media reports say that it’ll be a complete repeal of the FCC’s 2015 decision to classify broadband as a common carrier service and impose net neutrality rules on Internet service providers. Instead, according to a press release, Pai said “the FCC would simply require Internet service providers to be transparent about their practices”.… More

State lawmakers should exorcise muni broadband evil, federal advisors say

19 November 2017 by Steve Blum
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Stomp on cities. Boiled down, that’s the conclusion of a group advising the Federal Communications Commission on what states ought to be doing to promote broadband deployment. The FCC formed the Broadband Development Advisory Committee earlier this year, which is top heavy with lobbyists and others from big and mid-sized telecoms companies, very weak on local or state government representation and devoid of any municipal broadband experience. The committee spun off five working groups, including one tasked with writing model laws for states to adopt or, potentially, for the FCC to impose through its assumed preemption powers.… More

Common carrier death watch begins in Washington, D.C.

18 November 2017 by Steve Blum
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As the Federal Communications Commission wrapped up its November weed whacking on Thursday, attention turned to the expected release of a draft decision that will overturn the Obama-era decision that classified broadband as a common carrier service. According to a Reuters story, it’s coming soon…

The head of the Federal Communications Commission is set to unveil plans next week for a final vote to reverse a landmark 2015 net neutrality order barring the blocking or slowing of web content, two people briefed on the plans said.

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FCC bases big decisions on small facts spooned out by big telecoms companies

16 November 2017 by Steve Blum
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The Federal Communications Commission jumped in on the side of Charter Communications in a dispute with the Minnesota Public Utilities Commission. The case was bumped to a federal appeals court – the MPUC lost the first round – and now the FCC has moved in to protect its turf.

The question is whether Minnesota can regulate voice over Internet protocol (VoIP) phone service the same way it does old style analog service. There’s a great article by Jon Brodkin in ArsTechnica that goes through the details of the case, so I won’t repeat it here.… More

FCC broadband committee offers letter to Santa deployment advice

14 November 2017 by Steve Blum
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There was a mix of good and awful policy on the table last Thursday as the Federal Communication Commission’s broadband deployment advisory committee (BDAC) heard from its five working groups. The BDAC was created by Ajit Pai shortly after he got the nod to be Donald Trump’s FCC chairman. Its job is to offer advice on how to speed up broadband deployment by breaking down legal, regulatory and bureaucratic barriers. Although there are nuggets of sound policy to be found, what it came up with mostly reads like wish lists written by telecoms lobbyists.… More