Proposal to Change Certain FCC Rules Affecting the Internet

FCC Chairman Julius Genachowski has proposed a change in the regulatory relationship of the Commission and Internet services. It is not immediately known how, or if, this proposal, if adopted, would impact public safety broadband and in particular, the tenants of Chapter 16 of the National Broadband Plan.

In a statement released by the FCC Chairman, the new course that is proposed is characterized by the following:

· Recognize the transmission component of broadband access service—and only this component—as a telecommunications service;

· Apply only a handful of provisions of Title II (Sections 201, 202, 208, 222, 254, and 255) that, prior to the Comcast decision, were widely believed to be within the Commission’s purview for
broadband;

· Simultaneously renounce—that is, forbear from—application of the many sections of the Communications Act that are unnecessary and inappropriate for broadband access service; and

· Put in place up-front forbearance and meaningful boundaries to guard against regulatory overreach.

The viewpoints of the Commissioners on the proposed change are different. In this case, Commissioners Baker and McDowell view the proposal differently from Commissioners Clyburn and Copps as well as the Chairman. As a sample of the statements, Commissioners Baker and McDowell state:

“Today the Commission embarks on a journey to cross a regulatory Rubicon by classifying Internet access service as traditional telephone service under Title II of the Communications Act. This proposal is disappointing and deeply concerns us. It is neither a light-touch approach nor a third way. Instead, it is a stark departure from the long-established bipartisan framework for addressing broadband regulation that has led to billions in investment and untold consumer opportunities. It also poses serious ramifications across the globe”.

Their statement can be contrasted with the position of Commissioner Copps.

“Today Chairman Genachowski announced his plan to remove the legal cloud hanging over the FCC’s ability to protect America’s broadband users. This plan can put us on the right road—if we travel that road swiftly, surely and with the primary goal of protecting consumers foremost in our minds”.

The statements of all Commissioners are attached. Also a summation of the issues by the Commission’s General Counsel is attached.

http://www.rcc.com/blog/files/Baker-McDowellDOC-297948A1.pdf
http://www.rcc.com/blog/files/ClyburnDOC-297959A1.pdf
http://www.rcc.com/blog/files/CoppsDOC-297946A1.pdf
http://www.rcc.com/blog/files/GenachowskiStatementDOC-297944A1.pdf
http://www.rcc.com/blog/files/GeneralCounselStatementDOC-297945A1.pdf