LOS ANGELES — In a highly controversial vote, the Federal Communications Commission on Tuesday approved new regulations for Internet access designed to prevent large telecommunications companies from squashing competitors.
The “net neutrality” rules prohibit companies that provide high-speed Internet service from blocking access by customers to any legal content, applications or services, such as using the free Skype online phone service.
For the first time, there will be government regulations to keep information flowing freely on the Internet and requiring Internet service providers to give customers more details about how they run their networks.
The rules will be tougher on wired Internet service from cable and phone companies than they will be on such service provided by wireless carriers, because that market is in an earlier stage of development and is evolving quickly. For wired services, the FCC added an additional rule prohibiting Internet providers from “unreasonable discrimination” in how they treat access to content and services.
The goal of the regulations is to prevent companies that provide Internet access from giving priority to their own offerings, such as the ability to watch TV shows or movies online, or slowing the delivery of services from competitors.
The FCC vote Tuesday was the culmination of more than five years of debate over whether regulations were needed. The rules are expected to come under tough congressional scrutiny and be challenged in court by telecommunications companies.
Democrats, online activists and large Internet companies such as Google Inc. have pressed for tough rules to guarantee continued open access to the Internet. President Barack Obama was an early supporter of net neutrality and made it part of his 2008 campaign.
But Republicans, free-market advocates and telecommunications providers have strongly opposed net-neutrality regulations, contending that they aren’t needed and could damage the Internet economy. Still, AT&T Inc. has said the FCC rules are less restrictive than what many advocates have called for and that it could support them as a way of reducing the uncertainty about what the commission might do.
The FCC split 3-2 along party lines Tuesday in approving the new regulations before a standing-room-only crowd at its Washington headquarters. Chairman Julius Genachowski and the two other Democrats in the majority supported the compromise proposal he had spent months crafting.
“As we stand here now, the freedom and openness of the Internet is unprotected — no rules on the books to protect basic Internet values,” Genachowski said. “No process for monitoring Internet openness as technology and business models evolve, no recourse for innovators, consumers or speakers harmed by improper practices, and no predictability for the Internet service providers, so that they can manage and invest in broadband networks.”
Genachowski said the rules the FCC approved Tuesday will “ensure that the Internet remains a powerful platform for innovation and job creation, to empower consumers and entrepreneurs, and protect free expression.”
What it includes
Full net-neutrality rules haven’t been released, but the FCC provided these excerpts:
Rule 1: Transparency — Wireline and wireless Internet providers are required to publicly disclose accurate information regarding network management practices, performance and other items. Rule 2: No blocking — Wireline and wireless Internet providers shall not block lawful content, applications, services or nonharmful devices, subject to reasonable network management.
Rule 3: No unreasonable discrimination — Wireline Internet providers shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service. Wireless networks are not included in this rule.
Other: Pay for priority deals — Such deals are not clearly outlawed but “would raise significant cause for concern” and would “unlikely” satisfy the “no unreasonable discrimination” standard. Source: FCC
