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Third Way Internet Regulation
Richard Bennett
Research Fellow
Information Technology and Innovation Foundation
May 11, 2010
FCC’s Third Way
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Impact
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Impact
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OK, maybe not so much.
But still…it’s not good.
Why is a Third Way Needed?
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Obama’s Campaign Promise
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The Net Roots Connection
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Net Roots’ Sole Issue
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FCC’s Motivation
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ITIF’s Third Way
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The Act
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Titles
Title I – General Provisions
Title II – Common Carriers
Title III – Provisions Relating to Radio
Title IV – Procedural and Administrative Provisions
Title V – Penal Provisions – Forfeitures
Title VI – Cable Communications
Title VII – Miscellaneous Provisions
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Where does the Internet Go?
Title I – General Provisions
Title II – Common Carriers
Title III – Provisions Relating to Radio
Title IV – Procedural and Administrative Provisions
Title V – Penal Provisions – Forfeitures
Title VI – Cable Communications
Title VII – Miscellaneous Provisions
Title [New] – Internet Services
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One Way to Get There
FCC Suggests Framework
Discussion Ensues
Congress Amends Communications Act
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Another Way to Get There
FCC cherry-picks the Act
Court battle ensues
FCC loses court battle
FCC Suggests Framework
Discussion Ensues
Congress Amends Communications Act
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Separable Transmission Component
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Separable Transmission Component
Point-to-Point
Wire?
Frame?
Hop-to-Hop Packet?
Network-to-Network
Transit?
Peering?
End-to-End
Application?
Cache?
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What is this “Framework” Thing?
Basic Principles of Internet Regulation
Starts with Powell’s Four Freedoms
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Powell’s Four Freedoms
Freedom to Access Content
Freedom to Use Applications
Freedom to Attach Personal Devices
Freedom to Obtain Service Plan Information
Fourth Freedom amended by FCC in Open Internet NPRM:
Subject to reasonable network management, a provider of
broadband Internet access service may not deprive any of its
users of the user’s entitlement to competition among network
providers, application providers, service providers, and content
providers.
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Network Policy Issues
Net Neutrality Consensus
Four Freedoms + Transparency
Managed Services
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Network Policy Issues
Net Neutrality Consensus
Four Freedoms + Transparency
Managed Services
Net Neutrality Controversy
What do we mean by “Discrimination?”
Good discrimination vs. Bad discrimination
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Network Policy Issues
Net Neutrality Consensus
Four Freedoms + Transparency
Managed Services
Net Neutrality Controversy
What do we mean by “Discrimination?”
Good discrimination vs. Bad discrimination
Two New Freedoms
Engineering Freedom
Business Model Freedom
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Network Policy Issues
Net Neutrality Consensus
Four Freedoms + Transparency
Managed Services
Net Neutrality Controversy
What do we mean by “Discrimination?”
Good discrimination vs. Bad discrimination
Two New Freedoms
Engineering Freedom
Business Model Freedom
Technical Advisory Groups
Specific Boundaries
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Spectrum Controversies
Licensed vs. License-exempt
410 MHz Licensed
650 MHz License-exempt
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Spectrum Controversies
Licensed vs. License-exempt
410 MHz Licensed
650 MHz License-exempt
License-Exempt is good for Small-scale Networks
Large networks must guarantee Service Quality
Hundreds of Millions of Small Networks
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Spectrum Controversies
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Spectrum Controversies
Licensed vs. License-exempt
410 MHz Licensed
650 MHz License-exempt
License-Exempt is good for Small-scale Networks
Large networks must guarantee Service Quality.
Hundreds of Millions of Small Networks
Need for 800 MHz of Licensed Bandwidth
Best Frequencies 1000 – 3000 MHz
DTV vs. Mobile Internet
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Edge-Managed Spectrum
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PacketDead Air Packet
Time
Edge-Managed Spectrum
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PacketDead Air Packet
Time
Dead Air
Time
Packet Packet
Spectrum Controversies
Big Historical Mistake:
TV Should be Wired.
Telephony Should be Wireless.
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New Freedoms
Mobile Internet Experience the Fruit of Innovation
Policy has to create the space for fundamental advances.
Innovation at the Bottom Enables Innovation at the Top.
We’re Not Done Yet.
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New Freedoms
Mobile Internet Experience the Fruit of Innovation
Policy has to create the space for fundamental advances.
Innovation at the Bottom Enables Innovation at the Top.
We’re Not Done Yet.
Engineering Freedom is Not a License to Steal
Reasonable Oversight, not Strangling Regulation
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New Freedoms
Mobile Internet Experience the Fruit of Innovation
Policy has to create the space for fundamental advances.
Innovation at the Bottom Enables Innovation at the Top.
We’re Not Done Yet.
Engineering Freedom is Not a License to Steal
Reasonable Oversight, not Strangling Regulation
Business Model Innovation is Essential
Internet Economy Clouded with Secret Deals
Peering and Transit Agreements are Trade Secret.
Fundamental Algorithms of Internet Economy are Trade Secret.
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Hot Potato Routing Dictates Internet Economics
Technical Freedoms
Why No Attention so Far?
Four Freedoms Take Innovation for Granted.
Innovation is like Air: We only Notice it when it’s Gone.
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Thank you.
Please read:
Going Mobile: Technology and Policy Issues in the
Mobile Internet
http://www.itif.org/files/100302_GoingMobile.pdf
Contact me at:
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