openinternetorder
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Hypocrisy at the FCC and the illusion of transparency
Less than two weeks after being named chairman of the Federal Communications Commission, Ajit Pai said one of his priorities was to "make the agency's operation more transparent," beginning with a pilot program to release internal documents pertaining to upcoming FCC meetings. It was a nice sentiment, and one that — on its face — seemed to be an attempt on Pai's part to do the right thing. If sunlight is the best disinfectant, surely shedding more of it on a government agency that deals in massively important, far-reaching technical policy is a good thing... right?
FCC Chairman Tom Wheeler defends net neutrality in final address
FCC Chairman and net neutrality champion Tom Wheeler will be stepping down next week when the Trump administration takes office. Wheeler's Open Internet Order, which passed in 2015, was instrumental in keeping the internet a level playing field, but the Republicans have already indicated that rolling back the legislation will be a top priority for them once the GOP regains control of the agency. On Friday, Wheeler used his last public address as FCC chair to give one final defense of net neutrality and a look at the legal battles to come.
Net Neutrality upheld by appeals court
An appeals court in Washington DC has upheld the FCC's Open Internet Order, affirming that Net Neutrality can live to fight another day. While the appellate judges have had to rule in favor of telecoms companies in previous cases, the FCC's law is now watertight and is acting within its powers. The decision is likely to stick in the craw of many networks, including AT&T and Verizon, which fought bitterly against provisions to maintain a free and fair market online. Unfortunately, Net Neutrality still has plenty of critics in high places, and several Republican politicians have attempted to gut the FCC in the hope of getting their own way.
Appeals court strikes down key parts of the FCC's net neutrality rules (update: Verizon statement)
If you were hoping that the FCC's net neutrality rules would survive the many legal challenges thrown in their path, think again. A Washington, DC appeals court has voided the anti-blocking and anti-discrimination requirements in the FCC's Open Internet Order, arguing that they go beyond the agency's mandates. While the court acknowledges the potential for bad behavior following its decision, it argues that services like Google Fiber will keep incumbent carriers honest. That's an odd argument given that many of these services have a tiny footprint at best -- in many cases, big carriers enjoy duopolies and monopolies across much of the US. The move potentially lets providers like Verizon (which first appealed the rules) either block competing internet services on their landline networks, or charge those companies extra for features like guaranteed delivery or higher performance. The FCC hasn't yet responded to the decision, but we can't imagine that it's happy. If it wants net neutrality, it may now have to classify internet providers as common carriers, like wired telephone lines -- a move that would likely face stiff opposition. Update: Verizon has issued a statement arguing that it supports an open internet even with the decision in its favor. However, Big Red contradicts itself by claiming that the ruling gives customers more say over "how they access and experience the internet" -- we wouldn't count on that openness lasting forever.
