Net neutrality proponents have been pressing the U.S. Federal Communications Commission (FCC) to reclassify broadband service providers as common carriers following Title II of the Communications Act. This would require broadband Internet service providers then to offer fair and reasonable rates for their services and prevent Internet fast lanes. ISPs are against reclassification, of course, because being classified as a common carrier would mean more regulation.
What's the FCC to do?
FCC chairman Tom Wheeler is all for supporting the open Internet but will not be giving in to net neutrality supporters. At least, not completely. The FCC is still working out a hybrid plan, which will instead reclassify ISPs but not prohibit deals between ISPs and content companies regarding special access.
Is this a compromise that takes into consideration the needs of all parties? Sounds good, right? Not entirely, if you're an ISP.
Here's why Wheeler's hybrid plan can become a nightmare for ISPs:
For starters, the burden of proving that the terms of the plan would work is shifted to ISPs. How ISPs perform will determine whether or not the arrangements suggested would benefit consumers and companies.
Not to mention it would hamper innovation and investments.
Should ISPs overstep their boundaries and create deals that are anti-competitive, the FCC can swoop in to block these deals because the agency has the authority to do as granted by the reclassification of ISPs.
An industry official has admitted that Wheeler's proposal could be tolerated at the margins. However, the official also predicted that the hybrid plan would invite legal challenges from ISPs.
On the other side of the fence, net neutrality supporters are not happy either.
"This Frankenstein proposal is no treat for Internet users, and they shouldn't be tricked. No matter how you dress it up, any rules that don't clearly restore the agency's authority and prevent specialized fast lanes and paid prioritization aren't real Net Neutrality," said Craig Aaron, CEO and president of consumer advocacy group Free Press.
Senator Patrick Leahy wrote last week to tap ISPs in the country, urging them to take a stand against Internet fast lanes.
Comcast, AT&T and Verizon have responded, making it very clear that they do not intend to participate in prioritization deals, whether or not the FCC makes a rule against it.
However, the three companies also stated that the FCC should look for other legal ways to prevent Internet fast lanes without delving into reclassification.
