HTTP Issues - Net Neutrality

Net neutrality, a principle referring to broadband networks, has been one of the most contested issues within the larger debate about telecommunications law reform. The debate is whether revisions to Telecom Act should include provisions to enforce net neutrality. Policy discussions are complicated by the fact that definitions of net neutrality vary. By most definitions, users of a net neutral broadband network would be free to attach equipment and use broadband capacity without interference by telecommunications service providers. In other words, service providers who charge the same rates to consumers no matter what content they access or applications they use, are abiding by the principle of net neutrality. Net neutral providers do not set prices or restrict Internet access based on how the consumer uses broadband access (example: Internet telephony vs. video downloads). Under net neutrality, consumers are free to use whatever (legal) service or application they desire without price or service interference by the provider.

Currently in the U.S., net neutrality is not enforced or regulated by law. To date, net neutrality has been the approach of U.S. broadband service providers. However, some advocates argue that net neutrality provisions are necessary to prevent telecom companies from implementing new practices that impede or slow consumer access to the Internet depending on which websites or Internet applications they use. In this case, companies would charge more to consumers who wish to use Internet services provided by competing or non-preferred companies. They would also be free to restrict or slow access to these services for consumers who choose not to pay the additional cost.

Opponents of net neutrality legislation argue that the Internet has flourished because it exists in an unregulated environment. They believe that enacting net neutrality provisions would create a precedent for Internet regulation. Regulation would hinder additional investment and stifle the future growth and development of Internet technologies.

Net neutrality has surfaced several times in recent telecom reform bills, but no provisions have been enacted.

In the absence of telecom legislation, the FCC issued a net neutrality policy statement in 2005 which it stated would be used to regulate broadband services. The statement outlines “four principles to encourage broadband deployment and preserve and promote the open and interconnected nature of public Internet”.

The FCC’s Four Principles of Net Neutrality (issued 2005)

  1. consumers are entitled to access the lawful Internet content of their choice;
  2. consumers are entitled to run applications and services of their choice, subject to the needs of law enforcement;
  3. consumers are entitled to connect their choice of legal devices that do not harm the network; and
  4. consumers are entitled to competition among network providers, application and service providers, and content providers.

 

The FCC made net neutrality one of the conditions of the recent ATT - Bell South merger. Although both companies had been strongly opposed to net neutrality regulation, ATT agreed to operate in a net neutral manner for two years following the merger approval.

In March 2007, the FCC decided to issue a notice of inquiry about the current provision of broadband services and determine if telecom companies are violating net neutrality. The notice of inquiry allows interested parties to file comments about the issue with the FCC.

FCC Chairman, Kevin Martin, recently stated that the commission is seeking “comment on how broadband providers are managing Internet traffic, whether certain traffic is prioritized, and whether our policies should distinguish between content providers that charge end users for access and those that do not.”

HTTP position

HTTP supports the concept of net neutrality as outlined in the four principles of the FCC’s 2005 policy statement. We believe that adherence to these principles support our efforts to ensure that underserved communities benefit from access to advanced Internet technologies.

At this point, HTTP has not aligned itself with mainstream consumer advocacy groups and technology companies in recent policy debates. We have been opposed to efforts that would create precedent-setting binding legislation of the Internet without adequate evidence that net neutrality is being violated.

We support the FCC’s efforts to gather additional information about the provision broadband services.