AT&T's FCC Filings On Net Neutrality

[HardOCP News]

Today, AT&T made a couple of filings at the FCC regarding its authority to reclassify Internet service providers (ISPs) as common carriers. Given that this decision seems driven by political considerations, I hold out little hope that the FCC will alter its course, but the letters nonetheless try to set out what we see as significant infirmities with reclassification.

The FCC cannot mandate that a service be offered on a common carrier basis without, at a minimum, a finding that a particular provider has market power in a particular geographic market. Needless to say the FCC has engaged in no analysis of market power on a geographic market basis. Accordingly, this option is simply not available to the FCC.

As I said, I have no illusions that any of this will change what happens on February 26th. But when the FCC has to defend reclassification before an appellate court, it will have to grapple with these and other arguments. Those who oppose efforts at compromise because they assume Title II rests on bullet proof legal theories are only deceiving themselves.

 

[Biznatch]

Are they really arguing that the FCC can't reclassify because they haven't presented proof of regional monopolies?.....

 

[tikiman2012]

"The FCC cannot mandate that a service be offered on a common carrier basis without, at a minimum, a finding that a particular provider has market power in a particular geographic market."

Shouldn't be hard to show at all. They have monopolies in place just about everywhere in the country.

 

[kbrickley]

The FCC does need to walk a little bit of a tightrope on this issue because they need to make sure that Congress agrees with their stance on making the companies Common Carriers ... I think there are many republicans that think the FCC has overreached its mandate at times (as well as they would like more control of this in their branch rather than the executive branch, to which the FCC belongs)

 

[Cobra]

The broadband companies have lots of people from both parties in their pockets, but it seems like they have more Republicans than Democrats on board... I really doubt that Net Neutrality is going to pass now. It's really funny how shrewd Obama is. I think he is personally in line with the broadband companies. He promised to make net neutrality law when he was running for office, and had made it part of his platform. But when he had full control of the house, the senate, the FCC, and the presidency he didn't make it law like he promised to do. Then when Republicans came in all of the sudden he's insistent on making it happen. So when it inevitably fails, he can say "Oooohh it's all the Republicans fault, blame them not me, I wanted it to pass". Such bullshit.

 

[Biznatch]

The broadband companies have lots of people from both parties in their pockets, but it seems like they have more Republicans than Democrats on board... I really doubt that Net Neutrality is going to pass now. It's really funny how shrewd Obama is. I think he is personally in line with the broadband companies. He promised to make net neutrality law when he was running for office, and had made it part of his platform. But when he had full control of the house, the senate, the FCC, and the presidency he didn't make it law like he promised to do. Then when Republicans came in all of the sudden he's insistent on making it happen. So when it inevitably fails, he can say "Oooohh it's all the Republicans fault, blame them not me, I wanted it to pass". Such bullshit.

You know how laws are created right? There was no point in time where he was in office that he could have easily passed anything. When 1 party in congress decides it's sole purpose is only to prevent the other party from doing anything, majority doesn't matter. Especially when you can just claim filibsuter to prevent a vote, then go home and enjoy the rest of the day/week/month or whatever (since only us peons should have to do actual work right..)

So blaming it on obama or 1 party is just plain stupid, and distracts from the issue that the whole system is broken...

 

[Cali3350]

The broadband companies have lots of people from both parties in their pockets, but it seems like they have more Republicans than Democrats on board... I really doubt that Net Neutrality is going to pass now. It's really funny how shrewd Obama is. I think he is personally in line with the broadband companies. He promised to make net neutrality law when he was running for office, and had made it part of his platform. But when he had full control of the house, the senate, the FCC, and the presidency he didn't make it law like he promised to do. Then when Republicans came in all of the sudden he's insistent on making it happen. So when it inevitably fails, he can say "Oooohh it's all the Republicans fault, blame them not me, I wanted it to pass". Such bullshit.

Net Neutrality via Title II reclassification doesn't have to pass anything. FCC decides it, passes it, that's it. Congress is never involved unless they choose to get involved (in which Obama has veto power).

 

[Kardonxt]

What ever happened to broadband for everyone? Still waiting for anything besides dial up and Sat at my cabin so I can move up there.

 

[Jagger100]

You know how laws are created right? There was no point in time where he was in office that he could have easily passed anything. When 1 party in congress decides it's sole purpose is only to prevent the other party from doing anything, majority doesn't matter. Especially when you can just claim filibsuter to prevent a vote, then go home and enjoy the rest of the day/week/month or whatever (since only us peons should have to do actual work right..)

So blaming it on obama or 1 party is just plain stupid, and distracts from the issue that the whole system is broken...

Obama has apppointed every member on the current FCC board. FCC decisions will be made entirely by Obama appointees. Congress would have to pass legislation to be a factor in this issue.

 

[Jagger100]

What ever happened to broadband for everyone? Still waiting for anything besides dial up and Sat at my cabin so I can move up there.

They welshed, so lets officially end the deal and bring back competition.

Why I got saddled with a monopoly so some people didn't have to live with the consequences of their decisions is beyond me. That part of it was obviously just an excuse to enable regional monopolies, anyway. Yay more government. They only have our interests at heart.

 

[WaltC]

"The FCC cannot mandate that a service be offered on a common carrier basis without, at a minimum, a finding that a particular provider has market power in a particular geographic market."

Shouldn't be hard to show at all. They have monopolies in place just about everywhere in the country.

People really do not seem to understand title II. It was created to give the government the authority to create the legal monopoly it gave to AT&T when it was decided it would be better for consumers if there was one and only one long-distance company available. Title II is wholly inapplicable to the Internet, not to mention completely incongruent--the Internet cannot be regulated as a single entity. I think that government interference in the Internet will likely destroy it--at least as we know it today. The lawyers and politicians will seek to use it for their own personal gain--and that will surely destroy it (like Congress is doing to the practice of medicine at present.)

It's really sad that people mindlessly support the ruination of the Internet because they think putting it under title II will provide them with a lot of freebies and perks that the big, bad mean old ISPs are depriving them of. The past six years of government in the US is a textbook example of what happens when the government is taken over by idiots. I only wish it was a laughing matter.

 

[Cobra]

You know how laws are created right? There was no point in time where he was in office that he could have easily passed anything. When 1 party in congress decides it's sole purpose is only to prevent the other party from doing anything, majority doesn't matter. Especially when you can just claim filibsuter to prevent a vote, then go home and enjoy the rest of the day/week/month or whatever (since only us peons should have to do actual work right..)

So blaming it on obama or 1 party is just plain stupid, and distracts from the issue that the whole system is broken...

Hmm, didn't seem to stop Obamacare now did it?

 

[Tak Ne]

Obama has apppointed every member on the current FCC board. FCC decisions will be made entirely by Obama appointees. Congress would have to pass legislation to be a factor in this issue.

The ISPs will fight this all the way to the supreme court delaying anything meaningful coming from it by upto 10 years, assuming they lose.

 

[Wierdo]

http://arstechnica.com/business/201...nning-the-fcc-turned-against-his-old-clients/

Wheeler wrote. "For example, there will be no rate regulation, no tariffs, no last-mile unbundling. Over the last 21 years, the wireless industry has invested almost $300 billion under similar rules, proving that modernized Title II regulation can encourage investment and competition."

So all bark and no bite, what a surprise. Without unbundling we'll still have the "one provider" problem, the mother of all problems. What a wasted opportunity.

 

[Armenius]

"The FCC cannot mandate that a service be offered on a common carrier basis without, at a minimum, a finding that a particular provider has market power in a particular geographic market."

Shouldn't be hard to show at all. They have monopolies in place just about everywhere in the country.

It's not hard, and the research has even already been done for them.
http://webpagefxblog.webpagefx1.net...-Internet-Service-Provider-State-by-State.png

 

[flashoverride]

People really do not seem to understand title II. It was created to give the government the authority to create the legal monopoly it gave to AT&T when it was decided it would be better for consumers if there was one and only one long-distance company available. Title II is wholly inapplicable to the Internet, not to mention completely incongruent--the Internet cannot be regulated as a single entity. I think that government interference in the Internet will likely destroy it--at least as we know it today. The lawyers and politicians will seek to use it for their own personal gain--and that will surely destroy it (like Congress is doing to the practice of medicine at present.)

It's really sad that people mindlessly support the ruination of the Internet because they think putting it under title II will provide them with a lot of freebies and perks that the big, bad mean old ISPs are depriving them of. The past six years of government in the US is a textbook example of what happens when the government is taken over by idiots. I only wish it was a laughing matter.

Yep.

Title II. Title II of what? Title II of the Communications Act of 1934.

1934. Seems legit.

 

[flashoverride]

Some little tidbits from Title II:

Provided, That communications by wire or radio subject to this Act may be classified into day, night, repeated, unrepeated, letter, commercial, press, Government and such other classes as the Commission may decide to be just and reasonable, and different charges may be made for the different classes of communications

Looks like there's precedent for classes of service...

"Whenever, after full opportunity for hearing, upon a complaint or under
an order for investigation and hearing made by the Commission on its own
initiative, the Commission shall be of opinion that any charge, classification,
regulation, or practice of any carrier or carriers is or will be in violation of any of
the provisions of this Act, the Commission is authorized and empowered to
determine and prescribe what will be the just and reasonable charge or the
maximum or minimum, or maximum and minimum, charge or charges to be
thereafter observed, and what classification, regulation, or practice is or will be
just, fair, and reasonable, to be thereafter followed, and to make an order that the
carrier or carriers shall cease and desist from such violation to the extent that the
Commission finds that the same does or will exist, and shall not thereafter publish,
demand, or collect any charge other than the charge so prescribed, or in excess of
the maximum or less than the minimum so prescribed, as the case may be, and shall
adopt the classification and shall conform to and observe the regulation or practice
so prescribed."

So the government will now set prices and methods. I see this working out well.

(b) Nothing in this Act or in any other provision of law shall be construed
to prohibit common carriers from rendering to any agency of the Government free
service in connection with the preparation for the national defense: Provided, That
such free service may be rendered only in accordance with such rules and
regulations as the Commission may prescribe therefor.

Okay, so everyone has to be the same, except Uncle Sugar can get his without paying.

(b) The Commission may at any time require any such carrier to file with
the Commission an inventory of all or of any part of the property owned or used
by said carrier, which inventory shall show the units of said property classified in
such detail, and in such manner, as the Commission shall direct, and shall show the
estimated cost of reproduction new of said units, and their reproduction cost new
less depreciation, as of such date as the Commission may direct; and such carrier
shall file such inventory within such reasonable time as the Commission by order
shall require.

Okay, so now everyone has to maintain an inventory of everything and turn it over to the government upon request. Of course this will be subject to FOIA requests. Seems legit.

(a) No carrier shall undertake the construction of a new line or of an
extension of any line, or shall acquire or operate any line, or extension thereof, or
shall engage in transmission over or by means of such additional or extended line,
unless and until there shall first have been obtained from the Commission a
certificate that the present or future public convenience and necessity require or
will require the construction, or operation, or construction and operation, of such
additional or extended line

Oh dear.... This will *surely* speed up construction of all those new lines, right? Well this one gets even better. There's some caveats for lines within a single state or under 10 miles in length, but if it crosses sate lines then we get:

(b) Upon receipt of an application for any such certificate, the Commission
shall cause notice thereof to be given to, and shall cause a copy of such application
to be filed with, the Secretary of Defense, the Secretary of State (with respect to
such applications involving service to foreign points), and the Governor of each
State in which such line is proposed to be constructed, extended, acquired, or
operated, or in which such discontinuance, reduction, or impairment of service is
proposed, with the right to those notified to be heard; and the Commission may
require such published notice as it shall determine.

The Secretary of Defense will now be notified of all new lines. Awesome!!!!!!

(3) DESIGNATION OF ELIGIBLE TELECOMMUNICATIONS CARRIERS FOR UNSERVED AREAS.--If no common carrier will provide the services that
are supported by Federal universal service support mechanisms under
section 254(c) to an unserved community or any portion thereof that
requests such service, the Commission, with respect to interstate services,
or a State commission, with respect to intrastate services, shall determine
which common carrier or carriers are best able to provide such service to
the requesting unserved community or portion thereof and shall order such
carrier or carriers to provide such service for that unserved community or
portion thereof. Any carrier or carriers ordered to provide such service
under this paragraph shall meet the requirements of paragraph (1) and shall
be designated as an eligible telecommunications carrier for that community
or portion thereof.

Awesome, now the government can order companies to install lines! That sounds great, but how will they be paying for that? Oh yeah, the USP. So taxpayer money.

(1) ELIGIBLE TELECOMMUNICATIONS CARRIERS.--A common carrier
designated as an eligible telecommunications carrier under paragraph (2) or
(3) shall be eligible to receive universal service support in accordance with
section 254 and shall, throughout the service area for which the designation
is received--
(A) offer the services that are supported by Federal
universal service support mechanisms under section 254(c), either
using its own facilities or a combination of its own facilities and
resale of another carrier's services (including the services offered by
another eligible telecommunications carrier); and
(B) advertise the availability of such services and the
charges therefor using media of general distribution.

Yep, sweet sweet taxpayer money, ponied up by you on every bill.

This is just the beginning of it. I'd encourage all of you to read the whole thing.

All of this can be accomplished while encouraging investment in broadband networks. To preserve incentives for broadband operators to invest in their networks, my proposal will modernize Title II, tailoring it for the 21st century, in order to provide returns necessary to construct competitive networks. For example, there will be no rate regulation, no tariffs, no last-mile unbundling. Over the last 21 years, the wireless industry has invested almost $300 billion under similar rules, proving that modernized Title II regulation can encourage investment and competition.

Wheeler's statement indicates that he thinks he can just pick and choose which parts of the Act the FCC will follow, but the plain fact of the matter is that the law is the law and any subsequent FCC head change now choose on a whim to follow any or none of it.

 

[extide]

Wheeler's statement indicates that he thinks he can just pick and choose which parts of the Act the FCC will follow, but the plain fact of the matter is that the law is the law and any subsequent FCC head change now choose on a whim to follow any or none of it.

He can, it's called forbearance. Forbearance has been used on title II in the past for other situations, it's not a big deal, it's already very well known that a lot of the stuff you mentioned will be removed. DUH

 

[Despotes]

Fairness Doctrine. Hello.
You think the FCC is getting involved because it cares about the fairness of your service? LOL!

 

[Ghostclaw]

This is the dumbest thing I have read today. That article could have been shortened to just saying "more money please"

 

[The Cobra]

Yep.

Title II. Title II of what? Title II of the Communications Act of 1934.

1934. Seems legit.

Because the Court of Appeals has said they could reclassify under Section II of the 1934 telecommunications act when the original ruling came down in 2013.