Items tagged "Title II"

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Advocates Showed Friday Why Court Must Restore Net Neutrality

February 4, 2019 FCC , Litigation , Net Neutrality , Title II

On Friday, Petitioners (including Public Knowledge) finally got to make their case in court that the Federal Communications Commission’s reckless abdication of responsibility over broadband was also illegal. For about five hours, in the ceremonial courtroom of the E. Barrett Prettyman United States Courthouse, in front of D.C. Circuit Judges Millett, Williams, and Wilkins, attorneys for Petitioners, for the FCC, and for intervenors on both sides got a grilling in a court that has become a regular forum for disputes over the status of broadband and the lawfulness of net neutrality rules.

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Broadband Providers Are Quietly Taking Advantage of an Internet Without Net Neutrality Protections

January 29, 2019 FCC , Net Neutrality , Open Internet , Title II

In December 2017, the Federal Communications Commission under Chairman Ajit Pai voted to repeal net neutrality rules enacted two years earlier. While 83 percent of Americans support net neutrality and opposed the reversal, broadband providers unsurprisingly supported it. Many said they would not use the repeal as an opportunity to discriminate among internet content — but now there are no rules stopping them from doing exactly that.

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How Chairman Pai’s Move to Control Your Text Messages Could Bring More Consumer Protections Tumbling Down

December 5, 2018 FCC , Net Neutrality , TCPA , Title II , TXTSMS

In my last post, I addressed how Federal Communications Commission Chairman Ajit Pai isn’t really preventing robocalls with his new draft Order to classify both SMS text messaging and short codes as Title I “information services.” Now I will discuss the potential consequences for such a maneuver, and why doing so could send consumer protections tumbling down.

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Chairman Pai Isn’t Stopping Robocalls — He’s Empowering Carriers to Block Your Text Messages

December 4, 2018 FCC , Net Neutrality , TCPA , Title II , TXTSMS

In December 2007, Public Knowledge filed a Petition For Declaratory Ruling asking the Federal Communications Commission to clarify that both SMS text messaging and short codes are “Title II” telecommunications services. Put another way, we asked the FCC to reaffirm the basic statutory language that if you use telephones and the telephone network to send information from one telephone number to another, it meets the definition of “telecommunications service” (47 U.S.C. 153(53)).

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Net Neutrality Does Not End Today. We Still Don’t Know When It Will. This Is Unusual.

April 23, 2018 FCC , Net Neutrality , Title II

This is an edited version of a blog post originally published on Harold Feld’s personal blog, Tales from the Sausage Factory, on WetMachine.com.

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House Commerce Takes on Paid Prioritization, an Essential Tenet to the Open Internet

April 12, 2018 Congress , Legislation , Net Neutrality , Paid Prioritization , Title II

On April 17, the House Energy and Commerce Subcommittee on Communications and Technology will hold a hearing on paid prioritization — an issue that is central to the net neutrality debate. While most internet service providers (ISPs) have claimed that they have no plans to block or degrade traffic once the Federal Communications Commission’s 2017 net neutrality repeal Order goes into effect (exactly when that will be remains TBD), commitments (or lack thereof) not to engage in paid prioritization have remained a moving target. These commitments are shifting with the political winds, and ISPs are including plenty of wiggle room to allow them to argue they haven’t misled consumers if they eventually choose to offer prioritization deals.

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No, the FTC CANNOT Have a Ban on All ISP Blocking

December 12, 2017 FCC , FTC , Net Neutrality , Title II

In my last post, took the four most famous net neutrality violations to see how they would come out under the current rules adopted in 2015 v. how they would come out under the regulatory framework following the Federal Communications Commission vote to repeal net neutrality rules, based on the draft Order. To condense the approximately 5500-word analysis: all four incidents are addressable under the 2015 rules. None of the incidents are addressable under the combined Federal Trade Commission and antitrust regime that remains after the vote to repeal the rules, with the exception of Comcast’s deliberate deception about their blocking peer-2-peer protocols in 2007-08.

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If Cable Won’t #UnlockTheBox, Why Would ISPs #ProtectNetNeutrality?

August 7, 2017 FCC , Net Neutrality , Set-Top Boxes , Title II , Unlock the Box

The recent Internet Day of Action for net neutrality illustrates how intensely consumers feel about net neutrality protections, as more than 50,000 people, websites, and organizations demonstrated in favor of a free and open internet. Many Internet Service Providers claim that they, too, want net neutrality, but with one exception: they don’t want any rules that can be enforced against them. Asking giant internet providers like Comcast to behave is, quite frankly, implausible given their history of anti-competitive behavior.

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ISP Protests of Title II Make It Clear That We Need the Current Rules

July 10, 2017 FCC , Net Neutrality , Net Neutrality in 2017 , Protect Net Neutrality , Title II

In 2017 in America, slashing regulation has become more victory chant than policy, and broadband companies are using this opportunity to put open internet protections back on the chopping block.

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NCTA Proves Virtuous Cycle Works

June 8, 2017 FCC , Investment , Net Neutrality , Net Neutrality in 2017 , Title II

Last week, NCTA, the trade association for the industry formerly known as cable, posted this amazing graph and blog post showing that the “virtuous cycle” the Federal Communications Commission predicted would happen when it adopted the Open Internet rules (a.k.a. net neutrality) back in December 2010.

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