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INTERNET SPACE
Pressure on US regulators to block Internet 'fast lanes'
by Staff Writers
San Francisco (AFP) May 08, 2014


150 tech companies press government for net neutrality
Washington (AFP) May 08, 2014 - Google, Facebook, Amazon and other online giants warn that the Internet faces a "grave threat" if service providers are able to prioritize or restrict usage based on negotiated payments.

In a joint letter Wednesday, some 150 companies told the Federal Communications Commission its proposed rules over net neutrality would permit phone and cable firms to discriminate "both technically and financially" against companies providing online services.

"Instead of permitting individualized bargaining and discrimination, the commission's rules should protect users and Internet companies on both ?xed and mobile platforms against blocking, discrimination, and paid prioritization," they said.

They said the regulations "should make the market for Internet services more transparent" and warned that fair rules "are essential for the future of the Internet."

The letter challenged the FCC's proposed rules on how Internet service providers -- mainly a handful of telecommunications giants who control the transmission of data via cable and airwaves -- can negotiate individual deals over access levels, speed and priority with online companies rather than keeping access completely neutral

Small companies especially fear their businesses could suffer if their services are not delivered with adequate speed while larger competitors pay for priority.

Furor over the issue has stepped up after streaming video provider Netflix agreed in February to pay Comcast a certain amount to ensure Comcast customers get Netflix movies and shows more quickly and reliably.

Courts have struck down FCC attempts to enforce completely neutral Internet service. The commission argues that some rules are necessary because consumers and companies are not at the moment legally protected from discrimination by providers.

The FCC's five-member commission is now to vote on a draft set of rules on May 15 that would permit "fast lanes" for paying companies while setting requirements for fair service speeds to others.

If the draft rules are agreed, they will be submitted to the public for review and comment, after which they can be put into law or revised.

The tech firms said the FCC "should take the necessary steps to ensure that the Internet remains an open platform for speech and commerce so that America continues to lead the world in technology markets."

In response, FCC spokesman Neil Grace said the commission's chairman, Tom Wheeler, will put the matter to a vote next week.

Wheeler, he said, "fully supports a robust public debate on how best to protect the open Internet."

"Moving forward will allow the American people to review and comment on the proposed plan without delay, and bring us one step closer to putting rules on the books to protect consumers and entrepreneurs online."

Pressure is building on US regulators to stop powerful firms from hogging Internet "fast lanes" that could be allowed under proposed rules that will be discussed next week.

More than 100 technology firms including titans Microsoft, Google, Facebook, and Twitter came out Wednesday against Federal Communications Commission (FCC) suggested rules of the road that seemingly run counter to the cherished ideal of "net neutrality."

Internet service providers with virtual strangleholds on some US cities would be able to charge tolls for data to get priority in "fast lanes" under regulations recommended by FCC chief Tom Wheeler last month.

Such rules "would enable phone and cable Internet service providers to discriminate both technically and financially against Internet companies and to impose new tolls on them," Google, Amazon, Microsoft and other Internet firms said in a letter to the FCC.

"This represents a grave threat to the Internet."

- Call to stall vote -

An FCC commissioner has called for a delay of the planned May 15 vote on the proposed rules in order to discuss making them stronger.

The rules wouldn't prevent ISPs from allowing tech titans such as Netflix or Google to pay for faster data speeds but would require that competing traffic move at "reasonable" speeds.

The "open Internet notice of proposed rule making" sent from Wheeler to the full commission last month was pounced on by critics as a betrayal of the goal of keeping the Internet "neutral" by preventing some online traffic from getting priority over other content.

Netflix came out against the notion of allowing toll-based fast lanes shortly after the proposal went public.

- Gap in oversight -

The FCC was adamant that it remains committed to net neutrality and is trying to create rules that can withstand legal scrutiny.

Two prior attempts, the most recent in 2010, by the FCC to hold broadband service providers to standards were stymied by US District Court decisions that such moves were outside the agency's scope of authority.

Wheeler seized on part of the most recent court decision that suggests the FCC has power to take action if ISPs act in "commercially unreasonable" ways.

The proposed rules "follow the roadmap established by the court as to how to enforce rules of the road that protect an open Internet," Wheeler said in a blog post.

"To be very direct, the proposal would establish that behavior harmful to consumers or competition by limiting the openness of the Internet will not be permitted," the FCC chairman maintained.

The FCC contends there is a "gap" in oversight of ISPs because the court struck down its efforts to ban blocking or slowing of online data.

Wheeler wants new rules in place by the end of this year.

The FCC maintained that the proposed rules will bar ISP behaviors "harmful to consumers" and allow it to set high standards for what is "commercially reasonable."

Net neutrality advocates argue that letting Internet firms with deep pockets pay for faster data transmission will put innovative young startups at a disadvantage.

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