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Showing posts with label net neutrality. Show all posts
Showing posts with label net neutrality. Show all posts

Wednesday, September 1, 2010

FCC Terminates AWS-3 Rulemaking to Auction Spectrum with Free Broadband Requirement; Breaks National Broadband Plan Commitment

/PRNewswire/ -- On Friday, August 27, 2010, the Federal Communications Commission (FCC) notified M2Z Networks, Inc. (M2Z) and its Silicon Valley investors including Kleiner Perkins, Charles River Ventures, and Redpoint Ventures, that it has terminated the AWS-3 spectrum (2155-2180 MHz) public interest rulemaking, thereby closing off the possibility of providing free nationwide broadband service in the United States for the foreseeable future. The FCC has been considering M2Z's proposal for a free nationwide broadband network using AWS-3 since 2006. This decision reverses the FCC's National Broadband Plan commitment to finalize the AWS-3 spectrum rulemaking in the fourth quarter of 2010 and for the spectrum to be auctioned by the second quarter of 2011.

The FCC's AWS-3 rulemaking, pending since 2007, consisted of three key issues:

-- A requirement that the AWS-3 licensee provide free broadband service
to at least 95% of the U.S. population in order to address the digital
divide;
-- A requirement that the AWS-3 licensee adhere to Net Neutrality
principles of open access (end-user access to all lawful content) and
open platforms (end-users to have the choice of devices);
-- An enforceable requirement on the AWS-3 licensee to build-out a
national broadband network covering 50% of the population in 4 years
and 95% in 10 years.


According to the FCC's own National Broadband Plan, 28 million Americans today cannot afford to subscribe to broadband. A free nationwide broadband service using the AWS-3 spectrum band would have addressed this persistent digital divide. While campaigning for the White House in 2008, President Obama told the U.S. Conference of Mayors, "Every American should have broadband access - no matter where you live, or how much money you have. We'll connect our schools and libraries and hospitals. And we'll take on the special interests to realize the potential of wireless spectrum for our safety and connectivity."

There continues to be considerable support from the public for a free nationwide broadband service. The FCC record shows that during the pendency of the AWS-3 rulemaking, more than 50,000 Americans signed a petition supporting the proposed rules while the FCC and members of Congress received over 20,000 letters and emails in support of the proposed rules. Government officials outside of Washington--faced with a growing digital divide and a poor economy--also saw merit in this innovative private sector solution. The FCC record shows that over 300 local, state and federal officials from all 50 states wrote to the FCC in support of the proposed AWS-3 rules.

"The FCC's decision to delay the use of this valuable spectrum forgoes the consumer welfare and economic stimulus that would result from putting new spectrum into the marketplace," said John Muleta, CEO of M2Z Networks. "A new nationwide broadband entrant that provided a free broadband service would have created tens of thousands of direct and indirect jobs throughout the country while giving all Americans an equal opportunity to participate in the digital economy. Despite the spectrum crisis facing the U.S. as documented by the FCC's National Broadband Plan, the AWS-3 spectrum will continue to lie fallow providing no economic value to American consumers."

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Thursday, August 12, 2010

State Legislators Oppose FCC's Plans to Re-label and Regulate Internet

/PRNewswire/ -- The American Legislative Exchange Council (ALEC) voices its opposition to plans by the Federal Communications Commission (FCC) to change the status of broadband Internet Service from a lightly-regulated "information service" to a more heavily regulated "telecommunications service."

At its meeting late last week, ALEC's Telecommunications & Information Technology Task Force approved its ALEC Broadband Regulation Resolution. The Resolution declares ALEC's opposition to the FCC's controversial plan to subject broadband Internet service to a handful of older monopoly-era telephone regulations.

Today the Resolution was delivered to the FCC along with a letter by Connecticut State Representative Bill Hamzy, who serves as Public Sector Chair of ALEC's Telecom & IT Task Force. In the letter, the state legislator insists the agency should back off from its controversial plan to subject broadband Internet to heavier regulatory burdens.

"ALEC supports the continuation of federal policies that have kept the Internet free from government regulation. Marketplace freedom has encouraged the explosive growth of the Internet and e-commerce in recent years. It would be a grave mistake for the FCC to suddenly reverse course and saddle the Internet with burdensome new regulation. ALEC remains concerned that attempts by federal regulators to impose new restrictions on broadband Internet service will hurt technological innovation, deter private infrastructure investment, and threaten job growth in the states," said Representative Hamzy.

As declared in the Resolution, "ALEC urges that the FCC, Congress and state regulatory and legislative bodies refocus their efforts on specific and limited initiatives targeted at ensuring that broadband service is made universally available and affordable to consumers, rejecting overly prescriptive regulations that would harm innovation, investment, and job growth."

In January, over 90 other state legislators submitted a letter to the FCC opposing its plans to impose net neutrality regulation. In 2007, ALEC adopted a Resolution on Net Neutrality, opposing federal and state regulation of network management practices.

The American Legislative Exchange Council is the nation's largest nonpartisan, individual membership organization of state legislators.

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Thursday, May 20, 2010

Alliance for Digital Equality (ADE) Opposes The FCC's "Third Way" Approach to Address Network Neutrality

/PRNewswire/ -- Today, the Alliance for Digital Equality (ADE) expressed opposition to the Federal Communications Commission's (FCC) recently developed "third way" approach to regulating the Internet, and urged Congress to play a larger role in the network neutrality debate.

"This policy shift appears to be a risky experiment and will likely lead to higher broadband prices," said ADE Chairman Julius H. Hollis. "It could conceivably keep 100 million Americans economically disenfranchised and locked out of our society - keeping the miracles and benefits of this 'Digital Revolution' far beyond their reach. That is something that we as a country simply cannot afford and, as such, we strongly feel that this is the wrong path to take."

In the letter, ADE urged Congress to play a larger role in the net neutrality debate. The group asked for "sensible action to guarantee all Americans have access to the benefits of high-speed Internet technology," and made several recommendations to achieve this.

"As the world of business, medicine and education shift towards a more digital-based economy, the Chairman's proposal could worsen the problems of low and moderate-income Americans, who are already stretched financially and have disproportionately borne the brunt of this recession," said Manuel A. Diaz, Vice Chairman of the ADE Board of Directors.

"ADE and the Communications Workers of America (CWA) are dedicated to closing the economic divide through digital technology so that everyone, regardless of race or socioeconomic status, has the opportunity to access information in order to improve their quality of life, said Larry Cohen, CWA President. "With quick action from Congress, we can move forward to build the world class Internet society that will truly transform our nation into a better and fairer society for all Americans."

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Thursday, January 14, 2010

State Legislators Say Net Regulation Will Hurt Investment and Jobs

/PRNewswire/ -- The American Legislative Exchange Council (ALEC) has delivered a letter to the Federal Communications Commission (FCC) opposing proposed network neutrality regulation. The state lawmakers expressed serious concerns that the unintended consequences of the proposed federal regulatory expansion into the Internet will harm states' economies. ALEC's letter was signed by 91 legislators from 36 states.

Connecticut State Representative Bill Hamzy serves as Chair of ALEC's Telecommunications & Information Technology Task Force and is the lead signatory of the ALEC letter opposing network neutrality regulation. "Federal regulation of broadband networks is the wrong way to spur the kind of technological innovation and financial investment in broadband infrastructure that will bring sustainable job growth to state economies. Since the FCC cannot even point to any existing problem with the Internet, it should say 'no' to network neutrality regulation," he said.

The ALEC letter described the proposed network neutrality regulation as "an unprecedented foray into government control of broadband private networks and the Internet" that could result in economic slowdown and setback in the states. "If adopted, extensive regulatory control and uncertainties will harm innovation, stifle investment, and curtail job growth. We believe that unintended consequences stemming from the draft rules will be detrimental to our states' economies and forestall marketplace recovery."

In 2007, ALEC adopted a Resolution on Network Neutrality that calls on the federal government and states to refrain from imposing such regulation.

The American Legislative Exchange Council (ALEC) is the nation's largest nonpartisan, individual membership organization of state legislators.

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Friday, October 23, 2009

Commission Seeks Public Input on Draft Rules to Preserve the Free and Open Internet

In the next chapter of a longstanding effort to preserve the free and open Internet, the Federal Communications Commission is seeking public input on draft rules that would codify and supplement existing Internet openness principles. In addition to providing greater predictability for all stakeholders, the Notice is aimed at securing the many economic and social benefits that an open Internet has historically provided. It seeks to do so in a manner that will promote and protect the legitimate needs of consumers, broadband Internet access service providers,
entrepreneurs, investors, and businesses of all sizes that make use of the Internet.

The Commission has addressed openness issues in a variety of contexts and proceedings,
including: a unanimous policy statement in 2005, a notice of inquiry on broadband industry
practices in 2007, public comment on several petitions for rulemaking, conditions associated
with significant communications industry mergers, the rules for the 700 MHz spectrum auction
in 2007, specific enforcement actions, and public en banc hearings. During this time period,
opportunities for public participation have generated over 100,000 pages of input in
approximately 40,000 filings from interested parties and members of the public.

The process today’s Notice initiates will build upon the existing record at the
Commission to identify the best means to achieve the goal of preserving and promoting
the open Internet.

Recognizing that the proposed framework needs to balance potentially competing
interests while helping to ensure an open, safe, and secure Internet, the draft rules would permit
broadband Internet access service providers to engage in reasonable network management,
including but not limited to reasonable practices to reduce or mitigate the effects of network
congestion.

Under the draft proposed rules, subject to reasonable network management, a provider of
broadband Internet access service:
1. would not be allowed to prevent any of its users from sending or receiving the
lawful content of the user’s choice over the Internet;
2. would not be allowed to prevent any of its users from running the lawful
applications or using the lawful services of the user’s choice;
3. would not be allowed to prevent any of its users from connecting to and using
on its network the user’s choice of lawful devices that do not harm the
network;
4. would not be allowed to deprive any of its users of the user’s entitlement to
competition among network providers, application providers, service
providers, and content providers;
5. would be required to treat lawful content, applications, and services in a
nondiscriminatory manner; and
6. would be required to disclose such information concerning network
management and other practices as is reasonably required for users and
content, application, and service providers to enjoy the protections specified in
this rulemaking.

The draft rules make clear that providers would also be permitted to address harmful traffic and traffic unwanted by users, such as spam, and prevent both the transfer of unlawful content, such as child pornography, and the unlawful transfer of content, such as a transfer that would infringe copyright. Further, nothing in the draft rules supersedes any obligation a broadband Internet access service provider may have -- or limits its ability -- to deliver emergency communications, or to address the needs of law enforcement, public safety, or national or homeland security authorities, consistent with applicable law.

The Commission is also seeking comment on how it should address “managed” or “specialized” services, which are Internet-Protocol-based offerings provided over the same networks used for broadband Internet access services. While the proceeding will seek input on how best to define and treat such services, managed services could include voice, video, and enterprise business services, or specialized applications like telemedicine, smart grid, or eLearning offerings. These services may provide consumer benefits and lead to increased deployment of broadband networks.

The Notice asks how the Commission should define the category of managed or specialized services, what policies should apply to them, and how to ensure that broadband providers’ ability to innovate, develop valuable new services, and experiment with new technologies and business models can co-exist with the preservation of the free and open Internet on which consumers and businesses of all sizes depend.

The Notice affirms that the six principles it proposes to codify would apply to all platforms for broadband Internet access, including mobile wireless broadband, while recognizing that different access platforms involve significantly different technologies, market structures, patterns of consumer usage, and regulatory history. To that end, the Notice seeks comment on how, in what time frames or phases, and to what extent the principles should apply to non-wireline forms of broadband Internet access, including mobile wireless.

Recognizing that the Commission’s decisions in this rulemaking must reflect a thorough understanding of current technology and future technological trends, the Chief of the Commission’s Office of Engineering & Technology will create an inclusive, open, and transparent process for obtaining the best technical advice and information from a broad range of engineers.

The adoption of this Notice will open a window for submitting comments to the FCC. Comments can be filed through the Commission’s Electronic Comment Filing System, and are due on Thursday, January 14. Reply comments are due on Friday, March 5. In addition, the rulemaking process will include many other avenues for public input, including open workshops on key issues; providing feedback through openinternet.gov, which will include regular blog posts by Commission staff; and other new media tools, including IdeaScale, an online platform for brainstorming and rating solutions to policy challenges.

Action by the Commission, October 22, 2009, by Notice of Proposed Rulemaking (FCC
09-93). Chairman Genachowski, Commissioners Copps and Clyburn; Commissioner McDowell
and Commissioner Baker concurring in part, dissenting in part. Separate statements issued by
Chairman Genachowski, Commissioners Copps, McDowell, Clyburn and Baker.

GN Docket No.: 09-191
WC Docket No.: 07-52

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Senator McCain Introduces “The Internet Freedom Act of 2009”

U.S. Senator John McCain today (October 22) introduced legislation that would prohibit the Federal Communications Commission from enacting rules that would regulate the Internet. The Commission will meet today to determine whether the historically open architecture and free flow of the Internet should be subject to onerous federal regulation. Specifically, the Commission will seek to impose “net neutrality” rules that would reign in the network management practices of all Internet service providers, including wireless phone companies.

This government takeover of the Internet will stifle innovation, in turn slowing our economic turnaround and further depressing an already anemic job market. Outside of health care, the technology industry is the nation’s fastest growing job market. Innovation and job growth in this sector of our economy is the key to America’s future prosperity. In 2008, while most industries were slashing jobs in the worst economy in nearly 30 years, high tech industries actually added over 77,000 good high-paying jobs. Just this month, Google and Yahoo both released positive earnings reports.

The wireless industry exploded over the past twenty years due to limited government regulation. Wireless carriers invested $100 billion in infrastructure and development over the past three years which has led to faster networks, more competitors in the marketplace and lower prices compared to any other country. Meanwhile, wired telephones and networks have become a slow dying breed as they are mired in state and Federal regulations, universal service contribution requirements and limitations on use.

“Today I’m pleased to introduce ‘The Internet Freedom Act of 2009’ that will keep the Internet free from government control and regulation,” said Senator John McCain. “It will allow for continued innovation that will in turn create more high-paying jobs for the millions of Americans who are out of work or seeking new employment,” McCain continued. “Keeping businesses free from oppressive regulations is the best stimulus for the current economy.

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