fcc

First challenges to FCC common carrier rules enter a legal lottery

24 March 2015 by Steve Blum
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How justice is done.

Two court challenges were filed today with the intent of overturning the FCC’s decision to regulate Internet service and infrastructure using common carrier rules. One was filed in Washington, DC by an industry lobbying group – the US Telecom Association – and the other by a Texan wireless ISP – Alamo Broadband – in New Orleans, both with the respective federal appeals courts there.

US Telecom does not like anything about the rules…

US Telecom seeks review of the Order on the grounds that it is arbitrary, capricious, and an abuse of discretion within the meaning of the Administrative Procedure Act…violates federal law, including, but not limited to, the Constitution, the Communications Act of 1934, as amended, and FCC regulations promulgated thereunder; conflicts with the notice-and-comment rulemaking requirements of [federal law]; and is otherwise contrary to law.

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Universal service might be the one good reason for the CPUC to replace Charter with Comcast

23 March 2015 by Steve Blum
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Blue indicate likely communities redlined by Charter, although analysis is still in progress. Yellow is where Charter offers broadband. Click for a bigger – 8.5 MB – version.

One condition could make all the difference for the proposed decision in front of the California Public Utilities Commission that would formally approve the pending mega merger and market swap between Comcast, Time-Warner and Charter. The way the decision reads now, it would impose 25 different conditions on the deal, ranging from rates that can be charged for particular telephone and broadband services, to budgets for marketing to low income households, to requirements for battery backups.… More

Legal challenges to FCC decisions coming soon

22 March 2015 by Steve Blum
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Washington-based lobbying groups are making the first rumblings of legal challenges to the FCC’s decision to bring common carrier regulation to Internet service and infrastructure. Reuters is reporting that telecoms companies plan to let their trade associations take the lead on legal challenges.

We might see the first filings this week. The first step is for the FCC to publish the text of the ruling in the Federal Register, which might happen in the next few days.… More

Californian conditions on Comcast merger may be trumped by FCC

17 March 2015 by Steve Blum
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The ref seems okay with it.

Comcast correctly anticipated the details of the FCC’s Internet common carrier ruling when it objected to conditions that a California Public Utilities Commission administrative law judge wants to slap on its mega merger and market swap with Time-Warner and Charter. In its response to the CPUC’s proposed decision, Comcast said…

The [CPUC] Proposed Decision directly conflicts with this new federal policy by imposing a host of requirements pertaining to rates, service terms, and wholesale offerings, as well as burdensome reporting obligations…These are necessarily interstate offerings, and as such, the [CPUC] is preempted under long-established principles of federal law from regulating broadband services in the ways suggested in the Proposed Decision.

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If you like the status quo you'll love the FCC's new Internet rules

16 March 2015 by Steve Blum
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I thought you didn’t want anything to change?

Some questions about common carrier Internet rules were answered, some were, again, left hanging in the FCC’s 400-page decision released on Thursday. Here’s the rundown on the five key questions I highlighted last month…

Muni broadband systems – the new rules don’t specifically address publicly-owned ISPs, but taken together with the FCC’s decision to preempt state restrictions on muni broadband, it’s pretty clear that there’s no exemption.… More

FCC decision says state laws must treat muni and private ISPs the same

15 March 2015 by Steve Blum
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Only Washington can level the playing field.

Municipal broadband initiatives either have to be banned altogether by state law or allowed the same latitude to conduct business that the FCC gives private Internet service providers. That’s the core of the FCC’s decision, released last Thursday, to preempt state-imposed restrictions on publicly-owned broadband systems in Tennessee and North Carolina…

A different question would be presented if we were asked to preempt…a law that goes to a state’s power to withhold altogether the authority to provide broadband.

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New FCC Internet rules differentiate by service, not technology

14 March 2015 by Steve Blum
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Everyone is on the same common carrier track.

The new, common carrier rules released on Thursday by the FCC apply to all Internet service providers, including mobile, satellite, fixed wireless, telephone and cable companies. There’s some fine tuning where technical details are concerned, particularly regarding mobile broadband companies, but for the most part, Internet service is Internet service, regardless of technology.

As promised, the new rules specifically state that no blocking, no throttling and no paid prioritisation by ISPs will be allowed.… More

FCC muni broadband decision relies on a wobbly position

13 March 2015 by Steve Blum
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This isn’t the first time the feds have fought in Chattanooga.

There was no doubt that the FCC would vote two weeks ago to pre-empt state laws in Tennessee and North Carolina that restrict the ability of local governments – the cities of Chattanooga and Wilson respectively – to get into the broadband business. Both U.S. president Barack Obama and FCC chairman Tom Wheeler promised it was coming. And there’s no shortage of reasons to do it (or not).… More

Muni broadband ruling posted by FCC

12 March 2015 by Steve Blum
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Today is the day. The FCC just followed up its release of new common carrier rules for the Internet with the text of its decision to preempt state restrictions on municipal broadband projects in Tennessee and North Carolina…

Click here to download the muni broadband decision…

The statements issued by the five commissioners can downloaded here.

It’s 116 pages long. Added to the 400 pages of new common carrier rules all the associated commissioner statements, objections and press releases, that makes for a serious reading assignment today.… More

FCC common carrier rules for broadband released

12 March 2015 by Steve Blum
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The FCC has posted the full, and presumably official, version of the common carrier rules that will apply to broadband infrastructure and service that it approved two weeks ago. It’s 400 pages long, but looks to be fascinating reading…

In The Matter Of Protecting And Promoting The Open Internet Report And Order On Remand, Declaratory Ruling, And Order

…All the commissioners have released statements, those can be downloaded here.

Republican commissioner Ajit Pai has posted more detailed objections to the ruling, those can be found here.