Defining the concept of a complex issue such as Net Neutrality is no easy task. A single accepted definition of net neutrality does not seem to exist. There is a consensus on “general principles,” as indicated by the Congressional Research Service, “owners of the networks that compose and provide access to the Internet should not control how consumers lawfully use that network; and should not be able to discriminate against content provider access to that network” (CRS, 2007).
Congress, in section 203(b) of the Telecommunications Act of 1996, states that it is the policy of the United States “to preserve the vibrant and competitive free market that presently exists for the Internet” and “to promote the continued development of the Internet” (47 U.S.C. 230(b)(2). Furthermore, the Federal Communications Commission (FCC), in its jurisdiction over Internet access, provided a policy for ensuring that “broadband networks are widely deployed, open, affordable, and accessible to all consumers” (FCC Rcd 14986 (2005)).
With the advanced services and Internet-based companies, such as Google, Amazon, BitTorrent, Vuze, to name a few, the management of network traffic both upstream and downstream by broadband providers has become a major battleground, with the FCC and Congress taking center stage. The point therein lies with the advancement of broadband technology and the practices used by broadband providers to “manage” the traffic of large media files, such as is the case with peer to peer file sharing. The issue of “throttling” by broadband providers has brought the net neutrality issue to the news headlines.
Comcast has been singled out as “throttling” its network traffic for competing Internet software services provider BitTorrent. Comcast considers its traffic management as "reasonable network management" (Reed, 2008). Following on the heals of an FCC En Banc Hearing on Broadband Network Management Practices, held February 25, 2008 at Cambridge, Massachusetts, Comcast announced its new strategy for traffic management. As stated by Comcast Cable’s Chief Technology Officer, Tony Werner, "this means that we will have to rapidly reconfigure our network management systems, but the outcome will be a traffic management technique that is more appropriate for today's emerging Internet trends” (Comcast.com, 2008).
How to address the situation? The FCC is concerned by the monopolistic hold over consumers that network’s traffic management practices impose on freedom of the Internet. "Consumers don't want the Internet to be another version of old media, dominated by a handful of media giants," said FCC Commissioner Jonathan Adelstein (Burrow, Kharif 2008). Commissioner Adelstein also stated his desire for an "Internet Bill of Rights,” commenting the need “to ensure equal access to all lawful content on the Web” (Burrow, Kharif 2008).
A point of view for consideration. It seems logical that a solution would need to serve the interest of both sides of the public policy issue of network neutrality. As a main point, it should stand that in upholding the FCC Internet Policy, everyone should have “unfettered access to whatever legal content they seek.” With that comes the need for some regulation and a return to the Title II status for broadband providers would seem most appropriate.
Incentives for innovation and broadband deployment are vital for reversing the current trend of network traffic issues by broadband providers. Congress should implement incentives for broadband-related companies just as has been done in the past for other business entities. This is crucial for the future development of technological growth and stimulation.
Allowing for a form of data caps may be a temporary solution while other technologies are developed for file compression techniques, such as what will be used with IPTV. It must be clear that data caps need to be “reasonable” and nondiscriminatory.” Access tiering by means of different fees or charges or terms for access to content, services, or applications providers stifle the freedom of the Internet as well as competition.
In conclusion, there will need to be incentives for expansion, innovation, and deployment to meet the demands of larger packets, such as media files and peer-to-peer uploading of files. Traffic Management is necessary, but there should be transparency in the management, without discrimination. Broadband providers pricing tiers should be handled transparently as well.
Sources:
Appropriate Framework for Broadband Access to the Internet over Wireline Facilities, Policy Statement, 20 FCC Rcd 14986 (2005) (Policy Statement).
Bradner, Scott. , (2008, March 31). FCC: Consistent To A Fault, But There Is A (Small) Hope. Network World. Vol. 25 Issue 13, p29-29, 1/2p.
Burrows, Peter. Kharif, Olga. The FCC, Comcast, and Net Neutrality. Business Week. (2008, February 27). p3.
Congressional Research Service. (CSR) (2007, December 20).Net Neutrality: Background and Issues. Order Code RS22444. Retrieved from http://fas.org/sgp/crs/misc/RS22444.pdf.
FCC. (2008). FCC Announces Public En Banc Hearing in Cambridge, Massachusetts on Broadband Network Management Practices. Retrieved March 12, 2008 from http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280194A1.pdf.
FCC. (2008). Federal Communications Commission Releases Data On High-Speed Services For Internet Access. Retrieved April 14, 2008 from http://hraunfoss.fcc.gov/edocs_public/attachmatch/DOC-280904A1.pdf.
Gross, Grant. (2008, March 19). FCC Approves New Broadband Mapping Plan. Retrieved April 10, 2008 from http://www.pcworld.com/article/id,143619-pg,1/article.html.
Reed, Brad. (2008, February 26). Comcast takes lumps at FCC panel. Networkworld. Retrieved from http://www.networkworld.com/news/2008/022608-comcast-fcc.html..
Vuze, Inc. Petition for Rulemaking to Establish Rules Governing Network Management Practices By Broadband Network Operators, WC Docket No. 07-52 (filed Nov. 14, 2007) (Petition).
