WASHINGTON – Federal Communications Commission chair Julius Genachowski underlined his support of a free and open Internet by announcing two new Internet principles on Monday.
In a speech at The Brookings Institution, chairman Genachowski proposed a principle that would prevent Internet access providers from discriminating against particular Internet content or applications, while allowing for reasonable network management. His second new principle would ensure that Internet access providers are transparent about the network management practices they implement.
He also reiterated the existing four principles that guide the FCC’s existing case-by-case enforcement of communications law: that consumers must be able to access the lawful Internet content, applications, and services of their choice, and attach non-harmful devices to the network.
“The Internet is an extraordinary platform for innovation, job creation, investment, and opportunity”, he said. “It has unleashed the potential of entrepreneurs and enabled the launch and growth of small businesses across America. It is vital that we safeguard the free and open Internet.”
Genachowski also said that he would clarify that all six principles apply to all platforms that access the Internet, and that he will begin the process of codifying the principles through a Notice of Proposed Rulemaking (NPRM) at the Commission’s October meeting.
The NPRM will ask for input and feedback on the proposed rules and their application, such as how to determine whether network management practices are reasonable, what information broadband providers should disclose about their network management practices and how the rules apply to differing platforms, including mobile Internet access services, the FCC’s press release detailed. The Commission also launched the new website www.openInternet.gov to encourage public participation.
The announcement was cautiously welcomed by the National Cable and Telecommunications Association (NCTA), the predominant trade association for the U.S. cable industry.
“The process for consideration of these issues outlined by the Chairman, moreover, is fair, data-driven, open, and respects the rule of law”, said NCTA president and CEO Kyle McSlarrow, in a statement. “In addition, we welcome Chairman Genachowski’s statement that conclusions will not and should not be predetermined; that is, after all, the very point of the rulemaking process. We, too, do not want to prejudge ultimate conclusions.
“We recognize that we may, however, have a different view about the state of competition and the choices and benefits that flow to consumers from that competition”, he continued. “While we look forward to working with Chairman Genachowski and his colleagues, we will continue to present facts and data to the Commission that suggest that any regulation in this arena should be approached with great caution and only in the most targeted way, and to advocate policies that avoid government entanglement in operational decisions that could undermine the very dynamism of the Internet we all seek to preserve.”
– Lesley Hunter
