Net Neutrality
– An Overview –
Bob Bocher
Technology Consultant,
WI Dept of Public Instruction, State Division for Libraries
608-266-2127, robert.bocher@dpi.wi.gov
dpi.wi.gov/pld/ppt/netneutral.ppt
(Updated April 2008)
Topics to Cover
1. Definition and background
2. Internet and FCC regulations
3. Who supports what?
4. Recent actions
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Net Neutrality – A Definition
Net Neutrality:
Accessing any content or using any service or
application is done in a neutral fashion. That is,
there is no network configuration, policy, or practice,
outside of end user control or end user knowledge,
that discriminates against certain content, services,
or applications.
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Net Neutrality - Background
 “Neutrality” issue predates the Internet

Based on common carriage. For telecom:
 No
one is refused service; all calls are connected
regardless of content or location
 Major legal and regulatory difference between

“Telecommunication service” (Title II)
 Strong

common carrier language
“Information service” (Title I)
 Weak
language
 Internet
is an information service
47 U.S.C. §202: It shall be
unlawful for any common
carrier to make any unjust or
unreasonable discrimination
in charges, practices, or
services by any means or
device, or to subject any
person to any unreasonable
prejudice or disadvantage.
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The Internet and FCC Regulations
 1990s: Most consumers had dial-up

More than 7,500 dial-up ISPs


ISPs used telecom provider circuits
Most telecom/cable companies were not ISPs
 2000s: More consumers moving to broadband

More telecom/cable companies providing BB

Eroding line between telecom providers and ISPs
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The Internet and FCC Regulations
 2000s: Broadband debate and neutrality issue

Digital divide: U.S. 15th - 20th in residential BB

President’s BB initiative: Connect all by 2007

FCC encourages more BB access

More access based on more competition

More competition based on less regulation
 2002: FCC says cable ISPs not subject to
strong, common carrier regulation

Provide “information service”
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The Internet and FCC Regulations
 June 2005: Supreme Court Brand X decision
 Sept 2005: FCC deregulates broadband

Treat telecom and cable ISPs the same

Removes common carrier language; no strong
legal protection for maintaining “neutral” Internet


Telecom circuit is now “ancillary” to unregulated Internet
Issues “Broadband Access to the Internet” principles
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Net Neutrality Statement
The Commission [has] decided to reclassify broadband
transmission facilities as Title I “information services”
rather than Title II “telecommunications services.” To the
uninitiated this sounds like semantics. But it has real
consequences. That’s because the nondiscrimination
obligations that attach to telecommunications traffic and
which were vital to keeping the Internet open in the dialup era no longer apply to broadband services.
We need a watchful eye to ensure that network providers
do not become Internet gatekeepers, with the ability to
dictate who can use the Internet and for what purpose.
—FCC Commissioner Michael Copps, Sept 2005
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Net Neutrality - Who Supports What?
 Neutrality generally supported by:

Consumer organizations

Organizations supporting First Amendment

Content providers

Education and library community
 Neutrality generally opposed by:

Telecom/cable companies

Internet service providers

Organizations opposed to government regulation
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Net Neutrality – Recent Activities
 2007 FCC issues “Broadband Notice of Inquiry”
 Internet Freedom Preservation Act (S.215)

Has common carrier protections
 Comcast blocks or delays P2P traffic

FCC investigates; holds hearings

Comcast and BitTorrent reach agreement

Will develop a “P2P bill of rights”
The FCC is still
investigating whether
the [Comcast] actions
violated our principles
protecting consumer
access to the Internet.
--FCC Chairman Kevin
Martin, April 22, 2008
 AT&T to filter Net content?
This is not about the vast majority of customers who
consume content legally. This is about combating
illegal activity. —Michael Balmoris, AT&T, Jan. 2008
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Net Neutrality:
Questions??
Bob Bocher
Technology Consultant,
WI Dept of Public Instruction,
State Division for Libraries
608-266-2127, robert.bocher@dpi.wi.gov
dpi.wi.gov/pld/ppt/netneutral.ppt
Home Broadband Adoption – 2007
(http://www.pewinternet.org/PPF/r/217/report_display.asp)
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