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That isn't the worst by a long shot. I'm all for net neutrality, but Title II classification for ISPs really worries me. I was co-founder of a VOIP startup in
by nkw 12y ago
That isn't the worst by a long shot. I'm all for net neutrality, but Title II classification for ISPs really worries me.
I was co-founder of a VOIP startup in 2003, and a significant percentage of our time and resources was spent dealing with how the service was going to be classified for purposes of the Telecom Act. A bunch of the states were wanting to regulate VOIP providers as telephone companies, the FCC was on the fence (the pulver / fwd decision wasn't out yet[1]). Almost everyone was advocating for VOIP to be classified as a interstate information service so that we could avoid the onerous outdated state-by-state telephone company regulations. We got what we wanted (VOIP classified as a information service), but then a few years later we ran into the problem of ISPs blocking/interfering/throttling VOIP connections. The FCC in its first net neutrality foray went after some of the companies (See e.g. Madison River[2]) for blocking VOIP. However, the interesting thing was they could only go after Madison River under their Title II authority because Madison River happened to be a DSL provider and subject to Title II authority. When they went after Comcast for Bitorrent blocking of course they lost[3].
If we had been subject to Title II and regulation as a telecommunications service almost all of the states had regulations they would have applied to us included such gems as:
* tariff filing
* price caps or approvals
* required interconnection with legacy carriers
* requirements to use legacy telecom protocols
* surcharges for stuff like E911, relay service, universal service, etc.
* obtain state approval before offering new services or products or discontinuing services or products
* obtain state approval before opening a new facility
* provide notice to the FCC and the state of network changes
* intercarrier compensation
* mandatory build outs (to offer service you have to offer service through all of area X)
* required the use of specific accounting methods and cost assignment and reporting rules that make the tax code look simple and friendly
* countless other stuff down to things like how much and what kind of UPS capacity we would have.
Do we really want to open the door for every ISP to have to get approval from some government agency before it can interconnect to another network, put in a switch or open a new POP? They might not do it now, but once the regulatory framework is in place, it always seems agencies are willing to enact a new regulation a lot quicker than they are willing to get rid of one.
As an aside one of the things the ISPs were publicly saying around that time was that they didn't have the technology to block or degrade VOIP even if they wanted to. Of course now this sounds absurd, but some policymakers were buying it. We actually traveled to DC and ended up demoing for several of the FCC commissioners how easy this would be to do (along with how hard it would be to detect) with a couple of lines of code. On one of these trips we ended up in an elevator with Kevin Martin [4] who was chairman at the time. He said his opinion was it was a mistake for the VOIP providers to race to get classified as an information provider to avoid the state regulation, taxes, etc., because it was going to end up permitting the ISPs to block/degrade the service. I don't know if I agree with him, but I see his point now. In the end VOIP providers ended up subject to a lot of the regulations anyway (as "interconnected VOIP providers"), but without the protections of Title II[5].
I think something does need to be done about net neutrality but I think the best solution is to encourage competition and more/smaller ISPs instead of giving the FCC carte blanche to regulate the Internet as a utility. Dane Jasper of sonic.net has laid it all out much better than I could[6]. It is essentially giving up and saying we are going to live with Internet access being run by monopolies like the power company. It puts us back to the Bell System in 1982, and that makes me sad.
[1] https://apps.fcc.gov/edocs_public/attachmatch/FCC-04-27A1.pdf https://apps.fcc.gov/edocs_public/attachmatch/FCC-04-27A1.pd...
[2] http://en.wikipedia.org/wiki/Net_neutrality_in_the_United_States#FCC_promotes_freedom_without_regulation_.282004.29 http://en.wikipedia.org/wiki/Net_neutrality_in_the_United_St... and https://apps.fcc.gov/edocs_public/attachmatch/DA-05-543A2.pdf https://apps.fcc.gov/edocs_public/attachmatch/DA-05-543A2.pd...
[3] http://en.wikipedia.org/wiki/Net_neutrality_in_the_United_States#FCC_tries_and_fails_to_punish_Comcast_for_throttling_BitTorrent_.282007-2010.29 http://en.wikipedia.org/wiki/Net_neutrality_in_the_United_St...
[4] http://en.wikipedia.org/wiki/Kevin_Martin_(FCC) http://en.wikipedia.org/wiki/Kevin_Martin_(FCC)
[5] http://www.fcc.gov/encyclopedia/voice-over-internet-protocol-voip http://www.fcc.gov/encyclopedia/voice-over-internet-protocol...
[6] https://corp.sonic.net/ceo/2014/11/12/neutrality-is-just-a-symptom/ https://corp.sonic.net/ceo/2014/11/12/neutrality-is-just-a-s...
- chez17 12y ago>It is essentially giving up and saying we are going to live with Internet access being run by monopolies like the power company. It puts us back to the Bell System in 1982, and that makes me sad. What do you think we have now? A robust ecosystem of carriers? Also, your post sounds a lot like you don't want Title II because you'll have to comply with regulations and you don't like the current system because instead of complying with regulations you found a loop hole and then the ISPs found a loop hole to throttle you. This whole post sounds like why it's bad for you and provides no reason why it would be bad for the vast majority of people.
- nkw 12y ago> What do you think we have now? A robust ecosystem of carriers? No, not at all. I think we pretty much have a duopoly with the cable company (Comast+TW) and the phone company (AT&T) as the only realistic choices for the vast majority of consumers. >Also, your post sounds a lot like you don't want Title II because you'll have to comply with regulations and you don't like the current system because instead of complying with regulations you found a loop hole and then the ISPs found a loop hole to throttle you. This whole post sounds like why it's bad for you and provides no reason why it would be bad for the vast majority of people. If that is what it sounds like I'm sorry because that was not what I wanted to convey. I wanted to convey that Title II regulation may solve the net neutrality issue in the short term, but may set a framework and precedent that will subject all ISPs (and the Internet) to other harmful regulations which could ensure we never move beyond the duopoly we have now. Remember cable companies and AT&T are masters of guiding agency regulation and state laws (see for example the state laws banning municipal fiber projects). They are probably going to lose this round because of the public outcry and their outrageous behavior regarding net neutrality, but we should be very weary of what they will be able to do with the new regulatory framework. I don't have anything to do with the VOIP company anymore, my only skin in the game is as a ISP customer whose only choices are Time Warner and AT&T for internet access, both of which offer what I consider crappy service and speeds. Although I actually spent several months and a bit of money looking to put together a local fiber ISP in my area, but in the end shelved (or put on hold) the plans due to a (mostly state/municipal) regulatory environment that was heavily tilted in favor of incumbent companies who were cable cos or telcos.