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Net Neutrality: Congress Simply will not Compromise

Posted by Andrew Regitsky

Mar 16, 2018 10:00:00 AM

It has been a frustrating few weeks for those of us who want to put the issue of Internet regulation behind us. On February 22, 2018 the Restoring Internet Freedom Order was finally published in the Federal Register. While that would normally provide an effective date for the Order, it did not, because the FCC is still waiting for final approval from the Office of Management and Budget (OMB) which could take several more months.

The Federal Register publication did allow parties to file appeals of the Order and many were filed by states, consumer groups, and tech companies. Appeals were filed in several courts, with the Ninth Circuit Court in San Francisco set to hear the case after winning a random draw. All the appeals have been consolidated into one, and a schedule to hear the case is pending.

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Topics: FCC, Net Neutrality, internet traffic, internet regulation, internet freedom, open internet preservation act, congress, supreme court

FCC Claims It Has "Fixed" Broadband Deployment Issues

Posted by Andrew Regitsky

Feb 9, 2018 9:45:00 AM

Section 706 of the Telecommunications Act requires the FCC to determine and report annually on “whether advanced telecommunications capability is being deployed to all Americans in a reasonable and timely fashion.” The Commission began this year's determination last August when it released a Notice of Inquiry (NOI) in Docket 17-199. That NOI received a tremendous amount of negative industry attention when the Commission made three controversial proposals:

First, the Commission proposed to make the availability of either fixed or mobile broadband in an area sufficient to meet the requirement that broadband is available;

Second, the Commission proposed to continue the current speed benchmark of 25 Mbps download, 3 Mbps upload (25 Mbps/3 Mbps) for fixed broadband, while establishing for the first time a mobile speed benchmark of 10 Mbps/1 Mbps.

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Topics: FCC, Open Internet, Broadband, ISPs, internet freedom, CCMI, internet freedom order, congress, CRA, commissions order, congressional review, wireless broadband, broadband report, telecommunications act, broadband deployment advisory committee, broadband deployment

California Issues Net Neutrality Challenge to FCC

Posted by Andrew Regitsky

Feb 2, 2018 9:44:00 AM

In a recent CCMI webinar I stated that the worst possible outcome for Internet regulation for the country would be for each of the 50 states to legislate their own net neutrality rules in opposition to the FCC's Internet Freedom Order, while Congress sits on its hands and does nothing. Unfortunately, more and more, that seems to be the likely outcome.

Already, within the last couple of weeks, 21 states and the District of Columbia have appealed the Order to the Federal courts while New York and Montana have introduced bills that would bar state agencies from contracted with ISPs unless they agreed to comply with the "bright line" net neutrality rules.

While it could be argued that the proposed legislation in those states does not directly challenge the Commission's Order (I'm sure the FCC thinks otherwise), the same cannot be said about the bill recently passed by the California Senate. SB-460, contains provisions that directly conflict with the Commission's removal of the bright line rules.

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Topics: FCC, Net Neutrality, Open Internet, ISPs, trump, net neutrality order, internet regulation, internet freedom, CCMI, internet freedom order, congress, CRA, SB-460, commissions order, california, california senate, congressional review, supreme court

Telecom in 2018 - A Year of Legislation and Litigation

Posted by Andrew Regitsky

Jan 5, 2018 10:00:00 AM

Happy New Year! 2018 is set to be the most unusual year ever for the telecom industry. In every other year I can remember, there were a set of issues everyone knew the FCC was likely to grapple with. Last year with a brand new conservative Commission it was obvious that Chairman Ajit Pai was going to reverse the 2015 net neutrality rules, eliminate one-sided ISP privacy rules (with the help of Congress) and deregulate ILEC special access services. In addition, the Commission improved the pole attachment rules, modified the Lifeline program and began looking at additional switched access reform. It was easy to criticize the FCC for many of its actions, but no one could accuse the FCC of inaction, even when they had less than a full complement of five commissioners.

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Topics: regulatory updates, FCC, ILECs, Net Neutrality, Open Internet, internet regulation, open internet order, federal trade commission, internet freedom, CCMI, ajit pai, ftc, litigation, internet freedom order, open internet preservation act, congress

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