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Telecommunications Act may get a makeover, hopefully new version will mention the "internet" -- via @NYTimes [Quote]

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Senator John D. Rockefeller IV of West Virginia, chairman of the Senate Commerce, Science and Transportation Committee, and Representative Henry A. Waxman of California, chairman of the House Committee on Energy and Commerce, said in a joint statement that they would hold meetings in June to examine how the Communications Act meets the current needs of consumers, the telecommunications industry and the Federal Communications Commission.

Let me preface this by saying that I feel like I have a good basic grasp of the issues at play here, but I'm wide open to correction if I'm confused about something.

I posted in April about how the DC Circuit Court of Appeals ruled against the FCC in a case where the regulatory agency had sanctioned Comcast for throttling BitTorrent traffic.

Since then, there has been talk at the FCC of partially reclassifying broadband internet (PDF) to apply provisions of different sections of the Telecommunications Act of 1996. Why the change? Well, among other things, it would grant the FCC the authority to impose, as Ars Technica puts it, "a stripped-down version of common carrier nondiscrimination rules" -- and would allow sanctions like the ones struck down by the DC Circuit Court of Appeals to stand.

If the Congressional revisions to the Telecommunications Act of 1996 manage to move forward, those changes would, if passed, trump and likely circumscribe anything the FCC attempts to implement in the way of reclassification efforts. That, in my mind, seems to send a signal from the legislators to the FCC, suggesting that FCC Chairman Julius Genachowski consider leaving this one to the legislature before investing too much time and energy in making regulatory changes that may be undercut by the revisions to the law.

Just as the 1996 revision updated the original 1934 telecommunications legislation to let telephone companies, over-the-air broadcasters, and cable companies all play in each others' sandboxes, any changes to the 1996 version would focus on the availability, administration, and pricing of high-speed broadband internet access relative to the regulatory framework already imposed on older technologies.

First, of course, they would have to add in the words "broadband" and "internet" -- which don't even appear in the act as it was passed in 1996. That means we're not looking at a timeline of weeks or even months, but maybe years.

But hey, you have to start somewhere, right?

@Engadget breaks down new FCC internet rules, courtesy @reckless [Quote]

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The FCC's plan to rework how it regulates the internet just got a lot more solid today, as the agency officially announced its "third way" approach to classifying broadband services and opened it up for public comment. We've broken the entire thing down for you -- we're not kidding when we say this will affect how the internet works for all of us in the future, so grab a snack and head past the break for the whole story.

More good stuff from Nilay Patel at Engadget:
http://www.engadget.com/editor/nilay-patel

Follow him on Twitter:
http://twitter.com/reckless

Comcast v. FCC opinion: DC Circuit Ct. of Appeals rebukes the FCC's rebuke of Comcast's rebuke of BitTorrent users [PDF]

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Finally got around to reading about this and stopped by Public Knowledge for their analysis.

Public Knowledge post:
http://www.publicknowledge.org/node/2987

Google News info smörgåsbord:
http://news.google.com/news/more?pz=1&cf=all&topic=t&ncl=dfeP1DC2Sky420MX6Dj4...

"FCC chair to field YouTube questions on broadband plan" -- Via @HilliconValley [Quote]

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Federal Communications Commission Chairman Julius Genachowski will sit down with YouTube on Tuesday, March 16 to answer Web users' questions about his agency's new broadband plan.

See YouTube's official post on the matter here:

http://youtube-global.blogspot.com/2010/03/internet-in-america-youtube-interv...

January 26
2010
Filed under:  

AT&T
  Engadget
  ETF
  FCC
  Google
  Nexus One
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  Sprint
  T-Mobile
  Verizon
 

FCC Letter To Carriers Asks What's Up With Early Termination Fees...Again [PDF]

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Five PDF files is a lot of PDF files, so I only attached one. The FCC sent a letter to each major carrier, following up on a notice of inquiry it sent out at the end of last summer. All of the letters are substantially similar. Except, that is, the one addressed to Google. The Google letter references the search and advertising giant's newb status on the phone scene. It also recognizes that pesky dual early termination fee suffered by those unimpressed by the Nexus One. Specifically, the Google letter says:


[. . .] where new options may subject consumers to substantial ETFs, potentially from more than one entit y, the Commission has a special interest in ensuring that consumers have a clear and complete understanding of the rates, terms, and conditions on which the communications services are being offered and the rationale for those rates, terms, and conditions. The combination of ETFs from Google and T-Mobile for the Nexus One is also unique among the four major national carriers. Consumers have been surprised by this policy and by its financial impact. Please let us know your rationale(s) for these combined fees, and whether you have coordinated or will coordinate on these fees and on the disclosure of their combined effect.

The FCC included a laundry list of questions:
  1. Do your ETFs apply to all service plans or only some? If so, which ones?
  2. What is the amount of the ETF for each service plan where ETFs apply? If there are different ETFs for different plans, what is the rationale for those differences?
  3. How much of a discount on handset purchase is given in return for a consumer accepting an ETF? Does the amount of the discount differ by device, and if so, how?
  4. Does the ETF itself vary by device (e.g., higher ETFs for advanced devices)? If higher ETFs apply to a certain class of devices, exactly how is that class defined?
  5. Is it possible for consumers to buy a handset from you at full price to avoid an ETF? If this is possible, can consumers buy unsubsidized handsets online, as well as at brick-and-mortar stores?
  6. Do monthly service rates and terms differ: (1) between customers who assume a term commitment and accept an ETF, and those who don’t, and (2) betweencustomers who purchase an unsubsidized device (either from your company or a third party), and those who purchase a subsidized device? If so, how do they differ, and what is the rationale for the difference? Can customers easily determine the impacts of their decisions and their rates and terms?
  7. Are ETFs prorated so that the customer’s liability decreases over time? If so, what is the exact schedule by which they are prorated?
  8. If a customer renews his or her contract without buying a new handset, does his or her monthly service fee change in any way?
  9. How long is the trial period during which consumers can cancel their servicewithout an ETF penalty? If they cancel, can they return the handset? If they return it, will they receive a full refund, no refund, or a refund minus a restocking and/or refurbishing fee?
  10. When do consumers receive their first bill under your service plans? How does the trial period relate, if at all, to receipt of the first bill?
  11. Are there consumer fees or charges in addition to ETFs if consumers buy handsets and/or service plans from online phone dealers, such as Amazon, LetsTalk, and Simplexity (d/b/a Wirefly), or from a service provider, if a customer does not complete the contract term? If so, what are they, and what are their levels, terms,and conditions? Do the fees or charges affect the ETFs and if so, how?
  12. Press reports and public statements from wireless companies have attributed ETFs to several different factors. What is the rationale for your ETF(s), and how specifically do the structure and level of those ETF(s) relate to that rationale?
Of course, the carriers can request that their responses receive a degree of confidentiality, pursuant to section 0.459 of the FCC's rules (which can be read at 47 C.F.R. § 0.459 for those of you looking for some light, early-evening reading...). This means that we may not see much of the information the FCC is asking for unless it's already public, but hopefully they will use the answers they get to keep a close eye on ETFs as phones continue to evolve and mobile broadband becomes the norm.

You can view and download all of the letters from the FCC's website:

"DOJ Recommends FCC Quickly Free up More Spectrum" -- Via PCWorld

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In a filing submitted in response to an FCC request for comments on its national broadband plan, the DOJ said that it's unrealistic to try to promote "textbook markets of perfect competition" since the provision of broadband services is so costly. "Rather, promoting competition is likely to take the form of enabling additional entry and expansion by wireless broadband providers," among other activities, the DOJ wrote.

Spectrum is the "airspace" needed to build out a wireless broadband infrastructure. More is better when it comes to trying to bring broadband to everyone in the country. But why the Department of Justice is so interested is, well, interesting.

Source: PCWorld