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Tuesday, February 1, 2011

Net Neutrality/Semi-Neutrality, FCC

The Federal Communication Commission on December 21, 2010 approved rules by 3-2 vote that would foster further innovation, but fell short of Net Neutrality-adhered goals. At best, the rules may be called Net Semi-neutrality. The rules would ban outright blocking and "unreasonable discrimination" of websites or applications by fixed-line broadband providers. However, the wireless broadband providers would have some degree of wiggle room as they would be able to block various apps and services, but not the basic websites or apps that compete with their own voice and video products (good news for Skype). Commission's three Democratic members--Chairman Julius Genachowski, Michael Coops and Mignon Clyburn--voted for the rule, while Robert M. McDowell and Meredith Atwell Baker, both Republican, voted against the rules. However, there are questions among legal luminaries whether the rules are valid under Title II of the Communications Act.

The U.S. Court of Appeals by 2-1 ruling on January 14, 2014 rejected the 2010 FCC ruling that banned internet service providers from blocking other websites or services. Responding to a lawsuit filed by Verizon against the 2010 FCC rules, the appeals court, however, said that Congress--not the FCC--had the authority to approve such sweeping rules. FCC's new Chairman, Tom Wheeler, who assumed office on November 4, 2013 didn't say how he wanted to pursue following the January14, 2014, appeals court verdict. Most of the consumer advocates were not happy hearing the ruling as various scenarios were being presented by them to educate the general public how the ruling might impact their capability to access their preferred websites which might now be blocked by the internet service provider. Some of the scenarios are:

* Scenario I: ATand T makes a deal with Amazon Prime, then it's suddenly harder to get Netflix if you are an ATandT customer.

* Scenario II: A carrier such as ATandT can strike a deal with video-streaming service to make it faster or cheaper to watch certain movies. That will benefit ATandT customers who like that particular service, but will make it harder of even impossible to watch a movie offered by a competing service.

* Scenario III: U.S. government sought to shut down WikiLeaks (for a valid reason, according to many) and it asked the banks to voluntarily suspend transactions involving the website. Many critics think that the government may put pressure on the service providers to shut down any website it deems as carrying offensive content against the government (this is really a stretch, according to many).

President Obama Chimes in the Net Neutrality Debate
President Barack Obama on November 10, 2014 stepped in the swirling debate of net neutrality, urging the FCC to make the playground even for all content providers by reclassifying the internet service--both wired and wireless--as utility such as electricity and telephone. Specifically, Obama asked FCC to consider Title II of the Communications Act of 1934. Title II will allow the Federal Communications Commission to write rules to regulate internet services similar to that of electricity and telephone services.

FCC Steps in to Make Broadband Access Fair to All Content Providers
In a step to boost innovation and make the playing field even for content providers, irrespective of their size or financial muscle, Federal Communication Commission led by the Chairman Tom Wheeler approved a historic regulatory measure by 3-2 votes on February 26, 2015 that would bring the Internet under the umbrella of Title II of the Communications Act of 1934. The measure will now be open on Federal Register for comments and feedback. The ISPs such as cable and telephone companies expressed deep skepticism and reservation on the FCC rules approved on February 26, 2015, while the content providers such as Netflix and internet activists cheered the ruling. The FCC rules were formulated after President Barack Obama took a very public and high-profile stand on this issue by a YouTube video release on November 10, 2014, calling for FCC to take steps to push for net neutrality by using the Title II of the Communications Act of 1934. Title II allows the Federal Communications Commission to write rules to regulate internet services similar to that of electricity and telephone services.

Broadband Trade Group Files Lawsuit against FCC
U.S. Telecom, a trade group consisting of country's broadband companies such as AT-and-T Inc. and Verizon Communications Inc., on March 23, 2015 filed a lawsuit against regulations issued by the Federal Communications Commission on February 26, 2015 that would allow the commission to treat broadband services just like regulated services such as electricity and telephone services under Title II of the Communications Act of 1934. The lawsuit was filed in the U.S. Court of Appeals for the District of Columbia Circuit.

FCC Dismantles Net Neutrality Rules
In a setback to the open internet goal, Federal Communication Commission under its Republican head, Ajit Pai, on December 14, 2017 reversed the Obama-era net neutrality rules, giving the ISPs legal leeway to create pricing tiers and slow down content for which creators can not afford to pay as high to get access to the so-called fast lanes. 


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FCC Issues Rules Banning AI-Generated Robo Calls, N.H. Attorney General Launch Inquiry
Days after an AI-generated voice impersonating President Joe Biden apparently urged the New Hampshire voters to stay away from voting in this primary "malarkey", Federal Communications Commission unanimously voted on February 2, 2024 to make digitally altered robocalls illegal. On February 8, 2024, FCC issued the rule that would make the voice-cloning robocalls illegal. FCC Chairperson Jessica Rosenworcel vowed to go after these AI-generated robocalls-generating "fraudsters". 
This week, New Hampshire Attorney-General John Formella, a fellow Republican, announced launching an investigation into the Biden-impersonating robocalls generated and delivered by a Texas firm. 

FCC Lowers Prison Call Costs
The Federal Communication Commission on July 18, 2024 issued new rules lowering the costs of prison calls. A long overdue action, it will lower a 15-minute call from $11.35 to 90 cents for large prisons and from $12.10 to $1.35 for small prisons, thus realizing a net saving of $386 million for the nation's 2 million inmates, their families and lawyers. The rules will go into effect next year. 
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