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U.S. Supreme Court Upholds Obama-Era Net Neutrality That Republican-Dominated FCC Repealed

Phillip Dampier November 5, 2018 Consumer News, Net Neutrality, Public Policy & Gov't, Reuters Comments Off on U.S. Supreme Court Upholds Obama-Era Net Neutrality That Republican-Dominated FCC Repealed

WASHINGTON (Reuters) – The U.S. Supreme Court on Monday refused a request by the Trump administration and the telecommunications industry to wipe away a lower court decision that had upheld Obama-era net neutrality rules aimed at ensuring a free and open internet, though the justices’ action does not undo the 2017 repeal of the policy.

The high court decision not to throw out the 2016 U.S. Court of Appeals for the District of Columbia Circuit ruling leaves a legal precedent in place that could help net neutrality supporters in any future legal battle if that policy is ever re-introduced.

The rules championed by Democratic former President Barack Obama, intended to safeguard equal access to content on the internet, were opposed by President Donald Trump, a Republican.

The Trump administration and the telecom industry had wanted to erase the 2016 ruling even though the Republican-led Federal Communications Commission in December voted to repeal the net neutrality rules. The policy reversal went into effect in June.

The Supreme Court’s brief order noted that three of the court’s conservative justices – Clarence Thomas, Samuel Alito and Neil Gorsuch – would have thrown out the appeals court decision. Neither Chief Justice John Roberts nor new Trump appointee Brett Kavanaugh participated in the decision.

Industry trade group USTelecom, one of the groups that challenged the 2015 net neutrality rules, said the high court’s action was “not surprising.” USTelecom said it would “continue to support” the repeal “from challenges in Washington, D.C. and state capitals.”

Rosenworcel

FCC Commissioner Jessica Rosenworcel, a Democrat who backed the net neutrality order in 2015, said on Twitter that the commission had “actually petitioned the Supreme Court to erase history and wipe out an earlier court decision upholding open internet policies. But today the Supreme Court refused to do so.”

The Justice Department also has filed suit to block California’s state net neutrality law from taking effect in January. The state agreed in October to delay enforcement of the law pending appeals of the net neutrality reversal.

The FCC voted 3-2 in December along party lines to reverse the rules adopted under Obama that had barred internet service providers from blocking or throttling traffic, or offering paid fast lanes, also known as paid prioritization.

The new rules, which gave internet service providers greater power to regulate the content that customers access, are now the subject of a separate legal fight after being challenged by many of the groups that backed net neutrality.

The net neutrality repeal was a win for providers like Comcast Corp, AT&T Inc and Verizon Communications Inc. It was opposed by internet companies like Facebook Inc, Amazon.com Inc and Alphabet Inc, which have said the repeal could lead to higher costs.

Reporting by Lawrence Hurley; Additional reporting by David Shepardson; Editing by Will Dunham

FCC Commissioner Mignon Clyburn Announces Her Resignation

Phillip Dampier April 17, 2018 Public Policy & Gov't Comments Off on FCC Commissioner Mignon Clyburn Announces Her Resignation

Clyburn

FCC Commissioner Mignon Clyburn today surprised the audience at a FCC open meeting when she announced she was resigning from the Commission after nearly nine years of service, including a brief stint as acting chairman.

Clyburn, appointed by President Barack Obama in the early days of his first term, joined the FCC in 2009. Clyburn was a fierce advocate for consumer protection, net neutrality, and the economically disenfranchised.

Clyburn had been increasingly frustrated with the radical changes at the agency since Donald Trump became president and appointed Ajit Pai to head the FCC. Pai spent most of his first year as chairman systematically undoing Obama era policies and transitioning towards unprecedented deregulation.

Clyburn is one of two Democrats serving a minority party role at the FCC. Until the president appoints a new Democrat to replace Clyburn, and that candidate is confirmed by the Senate, Commissioner Jessica Rosenworcel will be the sole Democrat on the Commission.

Clyburn will be missed by many, including Gigi Sohn, who served as counselor to former FCC Chairman Tom Wheeler from November 2013-December 2016.

“She has traveled the country, listening to ordinary Americans and using their stories to help shape policies that ensure universal access to affordable and open communications networks,” Sohn wrote in a statement. “From Lifeline to prison phone reform to media ownership and net neutrality, Commissioner Clyburn has been a leader and a model for future leaders of the agency.  She will be sorely missed at the FCC, but will continue fighting for the ability of all Americans to benefit from everything broadcasting, cable and broadband enables.”

Chairman Ajit Pai also thanked Clyburn for her service in a tweet:

 

FCC Chairman Ajit Pai Announces Plan to Eliminate Net Neutrality

Pai

WASHINGTON (Reuters) – The head of the U.S. Federal Communications Commission unveiled plans on Tuesday to repeal landmark 2015 rules that prohibited internet service providers from impeding consumer access to web content in a move that promises to recast the digital landscape.

FCC chief Ajit Pai, a Republican appointed by President Donald Trump in January, said the commission will vote at a Dec. 14 meeting on his plan to rescind the so-called Net Neutrality rules championed by Democratic former President Barack Obama that treated internet service providers like public utilities.

The rules barred broadband providers from blocking or slowing down access to content or charging consumers more for certain content. They were intended to ensure a free and open internet, give consumers equal access to web content and prevent broadband service providers from favoring their own content.

The action marks a victory for big internet service providers such as AT&T, Comcast and Verizon Communications that opposed the rules and gives them sweeping powers to decide what web content consumers can get and at what price.

It represents a setback for Google parent Alphabet Inc and Facebook, which had urged Pai not to rescind the rules.

With three Republican and two Democratic commissioners, the move is all but certain to be approved. Trump, a Republican, expressed his opposition to Net Neutrality in 2014 before the regulations were even implemented, calling it a “power grab” by Obama.

Pai said his proposal would prevent state and local governments from creating their own Net Neutrality rules because internet service is “inherently an interstate service.” The preemption is most likely to handcuff Democratic-governed states and localities that could have considered their own plans to protect consumers’ equal access to internet content.

“The FCC will no longer be in the business of micromanaging business models and preemptively prohibiting services and applications and products that could be pro-competitive,” Pai said in an interview, adding that the Obama administration had sought to pick winners and losers and exercised “heavy-handed” regulation of the internet.

“We should simply set rules of the road that let companies of all kinds in every sector compete and let consumers decide who wins and loses,” Pai added.

Tom Wheeler, who headed the FCC under Obama and advocated for the Net Neutrality rules, called the planned repeal “a shameful sham and sellout. Even for this FCC and its leadership, this proposal raises hypocrisy to new heights.”

AT&T, Comcast and Verizon have said that repealing the rules could lead to billions of dollars in additional broadband investment and eliminate the possibility that a future presidential administration could regulate internet pricing.

‘HEAVY COSTS’

Pelosi: FCC move will hurt consumers and chill competition.

Verizon said it believed the FCC “will reinstate a framework that protects consumers’ access to the open internet, without forcing them to bear the heavy costs from unnecessary regulation.”

The Internet Association, representing major technology firms including Alphabet and Facebook, said Pai’s proposal “represents the end of Net Neutrality as we know it and defies the will of millions of Americans. This proposal undoes nearly two decades of bipartisan agreement on baseline Net Neutrality principles that protect Americans’ ability to access the entire internet.”

Pai’s proposal would require internet service providers to disclose whether they allow blocking or slowing down of consumer web access or permit so-called internet fast lanes to facilitate a practice called paid prioritization of charging for certain content. Such disclosure will make it easier for another agency, the Federal Trade Commission, to act against internet service providers that fail to disclose such conduct to consumers, Pai said.

A U.S. appeals court last year upheld the legality of the Net Neutrality regulations, which were challenged in a lawsuit led by telecommunications industry trade association US Telecom.

The group praised Pai’s decision to remove “antiquated, restrictive regulations” to “pave the way for broadband network investment, expansion and upgrades.”

The FCC’s repeal is certain to draw a legal challenge from advocates of Net Neutrality.

Nancy Pelosi, the top U.S. House of Representatives Democrat, said the FCC move would hurt consumers and chill competition, saying the agency “has launched an all-out assault on the entrepreneurship, innovation and competition at the heart of the internet.”

Republican Senator John Thune said Pai’s plan was an improvement over the Obama rules but that “the only way to create long-term certainty for the internet ecosystem is for Congress to pass a bipartisan law.”

The planned repeal represents the latest example of a legacy achievement of Obama being erased since Trump took office in January. Trump has abandoned international trade deals, the landmark Paris climate accord and environmental protections, taken aim at the Iran nuclear accord and closer relations with Cuba, and sought repeal Obama’s signature healthcare law.

Pai, who has moved quickly to undo numerous regulatory actions since becoming FCC chairman, is pushing a broad deregulatory agenda. Pai said he had not shared his plans on the rollback with the White House in advance or been directed to undo Net Neutrality by White House officials.

The FCC under Obama regulated internet service providers like public utilities under a section of federal law that gave the agency sweeping oversight over the conduct of these companies.

Language in the new proposal would give the FCC significantly less authority to oversee the web. The FCC granted initial approval to Pai’s plan in May, but had left open many key questions including whether to retain any legal requirements limiting internet providers conduct.

His plan also would eliminate the “internet conduct standard,” which gave the FCC far-reaching discretion to prohibit internet service provider practices deemed to violate a list of factors and sought to address future discriminatory conduct.

Reporting by David Shepardson; Editing by Will Dunham

Consumer Groups to Tom Wheeler: Keep Pushing Forward on Real Reforms

Wheeler

Wheeler

One of the biggest surprises of the Obama Administration has been FCC chairman Thomas Wheeler, whose industry background made his appointment immediately suspect among consumer advocates, including Stop the Cap!

But over the last few years of his tenure, he has built one of the strongest pro-consumer records of accomplishments the commission has seen in decades. Not only has Wheeler outclassed Kevin Martin and Michael Powell — the two chairmen under the prior Bush Administration, he has also demonstrated strong conviction and consistency lacking from his immediate predecessor, Julius Genachowski. Wheeler has won praise from consumer groups after pushing through Net Neutrality, adding stronger terms and conditions to the Charter-Time Warner Cable-Bright House merger to extend a ban on usage caps for seven years, discouraging more wireless provider mergers, and several other pro-consumer measures dealing with persistent problems like phone bill cramming.

Many top telecom executives and lobbyists and many Republican members of Congress have been highly critical of Mr. Wheeler and have bristled at media reports suggesting he might not exit with the outgoing Obama Administration. More than a few have hinted they would like to see Wheeler depart sooner than later.

The Wall Street Journal is now questioning whether Wheeler can complete at least three more of his important agenda items before President Obama’s term ends early next year.

His “open standards” for set-top boxes reform is mired in a full-scale cable industry push-back, efforts to impose strong privacy rules on what cable and phone companies do with your private information apparently violates Comcast’s right to offer you a discount if you agree to let them monitor your online activity, and even an effort to clean up business telecommunications service rules has met opposition, mostly from the companies that are quite happy making enormous profits with the rules as written today.

“Chairman Wheeler has accomplished a lot during his tenure, but with the election fast approaching, he probably has time to get one more big thing done,” Rep. Frank Pallone of New Jersey, the top Democrat on the House Energy and Commerce Committee, told the newspaper.

Some Republicans in the Senate are holding up a vote on a second 5-year term for Democratic Commissioner Jessica Rosenworcel after hearing media reports Wheeler may be thinking of remaining as FCC chairman after the end of the Obama Administration. Wheeler’s term doesn’t expire just because the president that appointed him leaves office, but it would be unusual for Wheeler to stay. But then a lot of traditions in Washington are not necessarily good ideas and we see no reason to hurry Wheeler out of his chairmanship. The chances we will get someone as tenacious as Mr. Wheeler has proven to be from the next president is unlikely. Those blocking the vote on Ms. Rosenworcel are playing the usual Washington power games, simply looking for a commitment Wheeler will leave with President Obama.

Wheeler has few allies among Republicans, who don’t like his Net Neutrality policies, don’t want Wheeler’s open-standard set-top box plan, and believe he is a regulator more than a preferred deregulator. Rosenworcel has recently been wavering on support for Wheeler’s set-top box plan and his internet privacy plan, which worries us because her vote is critical to assure passage. Rosenworcel could be trying to be seen as an independent to improve her chances at winning reappointment, but she risks alienating consumer groups if she sides with the two Republican FCC commissioners, who have shown themselves to be engaged in almost open warfare against consumers. Rosenworcel would do better to vote with consumers and avoid any appearance she is more interested in protecting her position in Washington.

“Sure, there are headwinds, but that’s often a sign that they’re doing something right,” Todd O’Boyle, program director for the media and democracy reform initiative at Common Cause told the newspaper. “There’s reason to think that the FCC will advance all three reforms.”

As far as Mr. Wheeler, as long as he represents the interests of the American people over those of AT&T and Comcast, he should feel free to stay as long as his term allows.

ConnectHome: President Obama Announces Affordable Broadband Options for the Poor

Phillip Dampier July 16, 2015 CenturyLink, Consumer News, Cox, Google Fiber & Wireless, Public Policy & Gov't Comments Off on ConnectHome: President Obama Announces Affordable Broadband Options for the Poor

google fiberWASHINGTON/DURANT, Okla. (Reuters) – U.S. President Barack Obama announced a pilot project on Wednesday aimed at expanding broadband access for people who live in public housing, part of an effort to close what Obama called the “digital divide” between rich and poor.

Eight Internet service providers, including Google Inc and Sprint Corp, have signed on to make the Internet cheaper and more accessible in 27 cities and the Choctaw Tribal Nation in Durant, Oklahoma.

Private and public institutions have pledged to invest $70 million in the plan. The federal government is only contributing $50,000, Julian Castro, the secretary of Housing and Urban Development, told reporters on a conference call.

The initiative will reach 275,000 households with almost 200,000 children.

centurylink“While high-speed Internet access is given for millions of Americans, it’s out of reach for far too many,” Obama said at Durant High School to a crowd that included many children in traditional tribal garb.

The Choctaw Tribal Nation is working with four local providers to bring the Internet to 425 homes.

In Atlanta, Durham, Kansas City and Nashville, Google will provide free Internet connections in some public housing areas.

COX_RES_RGBIn select markets, Sprint will offer free wireless broadband access to families with kids in public housing. In Seattle, CenturyLink Inc will provide broadband service for public housing residents for $9.95 a month for the first year.

Cox Communications Inc [COXC.UL] is offering home Internet for $9.95 a month to families with kids in school in four cities in Georgia, Louisiana and Connecticut.

The program also includes free training and technical support. Best Buy Co Inc will offer free training to the Choctaw Tribal Nation and in some cities, the White House said.

(By Alex Wilts and Julia Edwards; Reporting by Alex Wilts and Roberta Rampton; Editing by Alan Crosby and Lisa Shumaker)

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