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It’s official – net neutrality rules to go ahead

Chris Andrews

America’s Federal Communications Commission has taken the plunge and voted to begin writing its formal net neutrality regulations, prohibiting broadband providers from favouring or discriminating against various types of Internet traffic.

FCC Chairman Julius Genachowski said the rules, which are expected to be crafted in time for a vote next summer, were needed to ensure that broadband subscribers could access all legal web sites and services, which include VoIP and video sites that may compete with broadband companies' core businesses.

"Internet users should always have the final say about their online service, whether it's the software, applications or services they choose, or the networks and hardware they use to connect to the internet," he said.

On this network and hardware point, he was referring to the contentious issue of expanding the net neutrality rules to include wireless internet, which has had wireless providers up in arms since it was announced last month. This rule expansion appears as if it will be going ahead, though Genachowski has provided an initial caveat before the rules are actually drawn up.

"Openness is essential for the Internet however it's accessed,” he said. “It doesn't make sense to have one Internet when your laptop is plugged into a wall and another when accessing the Internet through a wireless modem. At the same time, wireless networks are different from wired networks. Given fundamental differences in technology, how, when and to what extent open Internet rules should apply to different access platforms, particularly mobile broadband, will undoubtedly vary."

Trade group CTIA jumped on this point saying they agreed wireless was different (as they would) and believed that “whatever the case may be for applying rules to other platforms, applying these rules to mobile wireless broadband services during a period of dynamic innovation and change in the wireless ecosystem could have significant unintended consequences".

"Rules that could impact the ecosystem from continuing to evolve, such as the ability of wireless carriers, device makers and applications developers to optimise their devices, applications, and networks to work together will stifle innovation and harm consumers."

It’s isn’t just wireless providers who are not gleeful about the new rules of course. Ivan Seidenberg, chairman and CEO of Verizon Communications summed up the general feelings from network providers speaking at the Supercomm conference in Chicago last week. He said providers needed to have an active role in their networks, and denounced the idea that network carriers were simply providers of dumb pipes; an idea that the principles of net neutrality would seem to imply.

"This is a mistake,” he said, “an analogue idea in a digital universe. It fundamentally misreads how innovation happens in a dynamic and collaborative industry. It understates the role of sound network management practices and the smooth functioning of the Internet today and it ignores the very real benefit of smart networks for customers."

Of course Verizon and other ISPs believe there is a real necessity to take an active role in regulating what takes place on their networks. There are obvious bandwidth reasons for this (and potentially competition issues, as strong net neutrality proponents put forward), but Verizon points out there are also issues like security, where an active role in network management enables network breaches to be intercepted before they become a problem, or to prioritise high-priority traffic for emergency services.

"If we can't differentiate between packets we can't prioritize emergency communications for first responders," Seidenberg said. "The truth is we have never provided dumb pipes - ever."

Again, the rules are expected to be ready for a vote by next summer, and this should culminate the five-year debate between government, networks and ‘smart content’ providers like Google. The battle, however, is only just getting heated up, and the final rules will no doubt go through various permutations before that voting stage is actually reached.

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