Yesterday was the deadline for comments to the FCC regarding the proposed merger between Comcast and NBC Universal. Since one of the country's biggest owners and operators of cable infrastructure is trying to integrate itself with one of the country's biggest television content providers, there are a lot of potential issues that might arise. We at Public Knowledge, though, are leaving much of that for others to hash out; in our filing, we're focused on the narrower issue of "over-the-top" Internet video--services that provide video content without owning the infrastructure that transmits the actual bits of the video.
Comcast
Public Knowledge Asks Conditions on Comcast Acquisition of NBC
Public Knowledge today told the Federal Communications Commission (FCC) that it must impose three conditions guaranteeing access to programming and to telecommunications networks if Comcast should is to be allowed to purchase NBC Universal.
You can find the compete filing here.
In its filing with the FCC, PK said the Commission first “must impose strict non-discrimination rules that prevent the entity from interfering with the distribution of non-affiliated content through filtering, blocking, or degrading distribution.”
Public Knowledge Comment On Latest Misleading Congressional Letter
Earlier today, 171 of 177 House Republicans signed a letter opposing the proposed actions of the Federal Communications Commission (FCC) to ensure economic growth and to protect consumers.
The following statement is attributed to Gigi B. Sohn, president and co-founder of Public Knowledge:
“Today’s House letter, combined with that signed by 74 Democrats a couple of days ago, is nothing more than a demonstration of the unparalleled political and lobbying muscle of the telecommunications industry. The biggest companies are spending millions and millions of dollars to buy this Congress. AT&T spent $6 million in the first quarter of this year alone.
Public Knowledge Defends FCC Authority for New Broadband Policies
Issues:
Background: Over the last couple of weeks, a number of high-powered parties, including FCC Comr. Robert McDowell, have written letters to Congress raising legal questions about the proposed regulatory reclassification of broadband service. Public Knowledge
sent its reply today. The letter is here.
The Federal Communications Commission (FCC) has all the legal authority it needs to reclassify broadband Internet access service from an information service, Public Knowledge (PK) today told House Energy and Commerce Committee Chairman Henry Waxman (D-CA).
Last Wednesday, those trying to use broadband to compete with cable video offerings (aka "over-the-top" video providers) lost the first round in a small but important case: Sky Angel v. Discovery Channel. Happily, it's only the first round. But the preliminary ruling by the FCC's Media Bureau ("MB") highlights why either Congress or the full Commission needs to focus on the question of whether the rules that protect cable competition (or, as we in the field say, "multichannel video programming distributors" or "MVPDs" -- which includes everything from traditional cable to FIOS to satellite) will also protect competition for online providers.
Public Knowledge Appalled at RCN Throttling Case
The following statement is attributed to Gigi B. Sohn, president and co-founder of Public Knowledge:
“We learned today that another Internet Service Provider, this time RCN, was throttling its customers Internet traffic. This is yet another example showing why the Federal Communications Commission (FCC) needs to be given the authority over Internet access service. As of now, there is no Federal cop on the beat to protect consumers. Not every consumer will take a case to court, and not every cable company would be willing to settle what could be prolonged litigation. The Commission’s regulatory authority needs to be reinstated as quickly as possible.”
A copy of the lawsuit settlement is here.
Congratulations, Comcast. You restored your good name and reputation by beating back the Federal Communications Commission (FCC) in court. That little wrist slap the Commission gave you for slowing down traffic in your Internet network a couple of years ago has been avenged. Your record is clean, legally speaking.
Ever since the D.C. Circuit Court of Appeals ruled in favor of Comcast in the Comcast/BitTorrent case this morning, the tech policy blogosphere has been scrambling to unpack the court's decision and figure out what it means for the Federal Communications Commission (FCC), ISPs, public interest groups and various other stakeholders.
But what about the rest of us?
Who will protect the Internet user whose connection is blocked, filtered or throttled? Who will stop ISPs from blocking services that compete with their own offerings (VoIP or Internet video services, for example) or from instituting separate pricing tiers for those who wish to use their connection for gaming or video streaming? Who will ensure that tomorrow's innovative web service can reach users without being blocked or degraded? The answer to these questions might surprise you: no one.
Public Knowledge Urges FCC Action To Protect Broadband Consumers, Further National Economy
Issues:
The following statement is attributed to Gigi B. Sohn, president and co-founder of Public Knowledge:
“Today’s Appeals Court decision means there are no protections in the law for consumers’ broadband services. Companies selling Internet access are free to play favorites with content on their networks, to throttle certain applications or simply to block others. In addition, as of now, the Federal Communications Commission’s (FCC) ambitious National Broadband Plan to help boost the economy is in legal limbo. The ability of the FCC to support broadband through universal service is in jeopardy, as is the agency’s ability to protect consumer privacy, ensure access to broadband-based emergency communications or promote access to broadband for the disabled.
The D.C. Circuit Court of Appeals' decision in the Comcast/BitTorrent case was just released and is available here.
Pardon the many changes to this post, PK staff are all still reading and analyzing the decision but here are some of our initial thoughts — check back in a bit for our full analysis and response:
The Court has called into question the FCC's authority to regulate broadband Internet access without advancing a new complex theory of ancillary authority for anything it wants to do regarding broadband. Most importantly, it threw out the FCC's ancillary authority arguments in this case and made it clear that the Commission can never assert general authority over broadband Internet access, as long as it remains under Title I.
preservesthe openness of the Internet and the public's access to knowledge, promotes creativity through balanced copyright, and upholds and protects the rights of consumers to use innovative technology lawfully.
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