Network Neutrality

Net Neutrality is the shorthand term for the concept that companies which operate a telecommunications network, like the telephone and cable companies, shouldn’t be able to play favorites with the content that goes over the network.

For example, one movie company shouldn’t be able to cut a deal with Verizon to get preferential treatment on the Internet, to have its movies download quicker than another movie company. If that happens, then Verizon (or AT&T or Comcast, etc.) is influencing your decisions by allowing one service to operate better than a similar service in which the carrier does not have a financial interest.

Net Neutrality is a concept that carries over from the Communications Act, in which telephone companies were forbidden by law from playing favorites. However, the Federal Communications Commission (FCC) in 2005 changed the rules so that some services, like Internet services, wouldn’t be covered under those consumer protections.

Most recently, the Net Neutrality concept was included by the FCC in the agreement that allowed AT&T to buy BellSouth at the end of 2006. The agreement said:

“AT&T/BellSouth also commits that it will maintain a neutral network and neutral routing in its wireline broadband Internet access service. This commitment shall be satisfied by AT&T/BellSouth’s agreement not to provide or to sell to Internet content, application, or service providers, including those affiliated with AT&T/BellSouth, any service that privileges, degrades or prioritizes any packet transmitted over AT&T/BellSouth’s wireline broadband Internet access service based on its source, ownership or destination.”

Event Timeline

Public Knowledge’s Position

Public Knowledge supports enforceable Net Neutrality regulation. Public Knowledge supports a neutral Internet where network operators may offer different levels of access at higher rates as long as that tier is offered on a nondiscriminatory basis to every other provider. Public Knowledge supports a neutral Internet where network operators must offer a minimum level of broadband service to all broadband consumers, and we do not support the creation of a “private Internet” granting exclusive access to the higher bandwidth levels to certain providers selected by the network operator. Public Knowledge supports a neutral Internet that does not require detailed rules forcing network operators to obtain government pre-approval to manage their networks. Public Knowledge supports a Network Neutrality system that can be enforced through a simple complaint process managed by the Federal Communications Commission, where the network operator must bear the burden of demonstrating that any interference with traffic is necessary to support a lawful goal.

The Network Providers’ Position

Telephone and cable companies have opposed Net Neutrality because they want the freedom to discriminate, although they couch it in terms of wanting the extra money to invest in the network. We don’t object to the telephone and cable companies making money, but the additional revenue should not come at the expense of the principle of an open Internet which allowed today’s Internet to develop as it has in an “innovation without permission” environment.

Telephone and cable companies would still be able to charge consumers who want faster speeds or more downloads for those capabilities.