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(DOWNLOAD) "Revisiting the Regulatory Status of Broadband Internet Access: A Policy Framework for Net Neutrality and an Open Competitive Internet." by Federal Communications Law Journal " Book PDF Kindle ePub Free

Revisiting the Regulatory Status of Broadband Internet Access: A Policy Framework for Net Neutrality and an Open Competitive Internet.

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eBook details

  • Title: Revisiting the Regulatory Status of Broadband Internet Access: A Policy Framework for Net Neutrality and an Open Competitive Internet.
  • Author : Federal Communications Law Journal
  • Release Date : January 01, 2010
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 413 KB

Description

I. INTRODUCTION When the United States Court of Appeals for the District of Columbia Circuit recently shut down the FCC's attempt to impose "net neutrality" principles on the Internet access provider Comcast, (1) the FCC was forced to confront the fact that a decade's worth of steps on the slippery slope of broadband access deregulation had led the FCC to an unforeseen and ultimately untenable destination, where it was unable to enforce the fundamental principles of common carrier regulation necessary to ensure that all Internet content and application providers--including those not affiliated with the owners of Internet access facilities--were ensured reasonable and nondiscriminatory use of those facilities. The FCC had arrived at its current dilemma through an unfortunate combination of (1) unverified predictive judgments associating deregulation with investment; (2) fanciful notions about a gold rush of competitive entry into the consumer broadband market; (3) the abandonment of the decades-old "bright line" between common carrier transmission functions and competitive services that any provider could furnish using that basic transmission (i.e., telecommunications); and (4) the elimination of unbundling requirements for services over broadband facilities. The FCC needs now to revisit--and revise--the factual, legal, and policy judgments that have brought it to the current situation. The Chairman of the FCC has proposed that the regulatory oversight the FCC considers necessary for net neutrality can be restored by reclassifying Interact access as "telecommunications services," (2) but under his proposed "Third Way," the FCC would apply and enforce "only a handful of provisions of Title II...." (3)


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