In a welcome turn of events, the League of United Latin American Citizens (LULAC), which has routinely turned up as a member of Big Telecom-backed astroturf campaigns and takes money from AT&T, has come together with Latinos for Internet Freedom to issue a joint statement calling on the Federal Communications Commission to adopt equal Net Neutrality policies for wired and wireless broadband services.

“Although we disagree on some of the components of the proposed network neutrality regulations, there is one point on which we are in lock step: the FCC’s network neutrality rules must apply equally to wireline and wireless internet access.  Of course we understand that what is ‘reasonable network management’ may be slightly different over different types of connections.  Cost is the primary barrier to broadband adoption, and Latinos are turning to their mobile phones as their only onramp to the internet.  We are committed to finding ways to lower broadband costs by increasing competition through wireless access and other means.  It is therefore essential that the FCC ensures that users of wireless and wireline services are protected by its openness rules.”

Of course, broadband providers’ demands for deregulation and unified opposition to Net Neutrality have never delivered and will never provide cheaper Internet service to anyone.  In fact, the court ruling that eliminated the FCC’s authority over broadband gave providers nearly a year of a wide open marketplace, yet many providers are now sending out notices they are -increasing- broadband prices for subscribers.  Net Neutrality has never been enforced against wireless networks either, and as a result most either usage cap, throttle, or charge enormous overlimit fees for users deemed to be “using too much.”

Increased competition can bring lower prices, but only if it extends well beyond today’s duopoly.  In areas where one provider is likely to maintain a de facto monopoly, effective oversight is required to ensure consumers receive adequate service at fair prices.

Still, it is a surprising and welcome change to see LULAC recognizing the true nature of broadband access for many economically-challenged Americans, especially in minority communities where unemployment continues to be catastrophic.  Some consumers are finding prepaid wireless broadband service to be one way onto the Internet, yet Big Telecom has sought to keep those networks exempt from any Net Neutrality consumer protections.  That cannot be allowed to happen.

[flv width=”640″ height=”380″]http://www.phillipdampier.com/video/Verizon vs. Latinos for Internet Freedom.flv[/flv]

Watch these two competing spots from Verizon and the Latinos for Internet Freedom.  One is self-serving and a tad condescending, the other calls for a free and open Internet where individuals get a level playing field to tell their own stories and live their own lives without fear or special favor.  (2 minutes)

Credo Action delivers flowers to the FCC

Over the last two days, the SavetheInternet.com Coalition, their allies and other broadband activists have delivered more than two million signatures from Americans demanding the Federal Communications Commission adopt real Net Neutrality reforms.

FCC Chairman Julius Genachowski is pushing a set of weak regulations that give just about everything to giant phone and cable companies, and leave Internet users with almost nothing.

We still have time to fix this toothless rule before it goes to a vote Dec. 21. Hence, the petitions.

The petition marathon comes as the FCC closes the public comment period on proposed Net Neutrality reforms.  Public interest groups ranging from Free Press, Common Cause, Credo Action, ColorofChange.org, and Public Knowledge, among others were involved in the petition relay.

Credo Action even sent flowers, protesting Genachowski’s apparent retraction on strong Net Neutrality.  Two massive funeral arrangements, one labeled “R.I.P. Net Neutrality” were delivered to the agency on Monday.

“The public will accept nothing less than real Net Neutrality,” said Misty Perez Truedson of Free Press. “No almost Net Neutrality, no half Net Neutrality and no fake Net Neutrality. And we hope that while he is considering his proposed rules, FCC Chairman Julius Genachowski remembers that millions of people are expecting him to keep his promise to protect the open Internet.”

[flv width=”640″ height=”500″]http://www.phillipdampier.com/video/2 Million.flv[/flv]

Watch this compilation of videos from those delivering the petitions to the FCC and learn more about why Net Neutrality is important.  (22 minutes)

Copps

Julius Genachowski’s fellow Democratic commissioner Michael Copps is signaling discontent with the FCC chairman over his weak approach at Net Neutrality reform.

During a Thursday speech before the Columbia University School of Journalism in New York, Copps said several aspects of Genachowski’s proposed reforms are non-starters for him.

In particular, he objects to Internet toll-booths, part of the “paid prioritization” argument that would allow preferred content to get traffic priority, presumably in return for money.  Copps sees that as the Internet’s great un-equalizer, allowing deep pocketed content providers to gain a competitive advantage.

Copps calls such arrangements dangerous, insisting they “cannot be allowed to supplant the quality of the public Internet service available to us all.”

Copps also finds it unacceptable that wireless providers gained major concessions that would allow them to treat content unequally.

“Internet Freedom also means guaranteeing openness in the wireless world as well as the wired. As people cut their wired connections, why would we deny them openness, accessibility and consumer protections in the wireless world,” Copps asked.

None of the proposals Genachowski makes may withstand legal challenges, Copps says, if the Commission does not reclassify broadband under Title II of its regulatory authority, declaring the Internet a “telecommunications service.”

“If this requires reclassifying advanced telecommunications as Title II telecommunications — and I continue to believe this is the best way to go — we should just do it and get it over with,” Copps said.

[flv width=”512″ height=”308″]http://www.phillipdampier.com/video/BBC News The public is crying out for news and information 12-3-10.flv[/flv]

The FCC’s Michael Copps appeared on BBC America’s World News to discuss his concerns about the quality of American broadcast journalism and Internet policies.  (4 minutes)

Mignon Clyburn, the Commission’s newest Democratic member, is being lobbied heavily by public interest groups to join Copps in demanding a better deal for consumers.  But some analysts think she’ll be the easiest vote for Genachowski to get.

Clyburn is a strong proponent of Net Neutrality and has made the issue a centerpiece of several public appearances.

Genachowski may find his proposal ultimately will fail to win a majority vote, because Republicans are strongly opposed to it, and his fellow Democratic commissioners may find voting for what some are calling a capitulation to providers too unpalatable.

Republicans promise to try and derail any Net Neutrality reforms in the House of Representatives when they take control in January.

[flv width=”540″ height=”380″]http://www.phillipdampier.com/video/Mignon Clyburn Open Internet Champion.flv[/flv]

Mignon Clyburn receives thanks from public interest groups for her support of an Open Internet.  (2 minutes)

ivi, which we wrote about last week on Stop the Cap!, has begun receiving the predictable ‘Cease and Desist’ letters from just about every broadcaster and sports association around.  But in a pre-emptive strike, the online TV service filed sued Monday in Seattle District Court against them, asking the court to recognize its right to carry broadcast stations on its online service under existing royalty rules, with or without the permission of the broadcast stations involved.

To date, ivi says it has gotten ‘Cease and Desist’ letters from every major broadcast network, plus Major League Baseball, 20th Century Fox, two public broadcasters, and Fisher Communications, owner of Seattle-based KOMO-TV.  All of them ended up as defendants in ivi‘s suit.

ivi claims its online operations are not governed by the Federal Communication Commission, meaning it does not have to enter into negotiations with stations for carriage permission and retransmission fees.

“The secondary transmission by ivi of the primary transmission of content originating with the Defendants is permissible under the statutory licensing provisions of the Copyright Act,” the lawsuit claims. ivi seeks a ruling that finds the company has not infringed on any copyrights, and to force defendants to pay its legal expenses.

The company issued a statement Monday after filing suit:

“ivi, Inc., remains steadfastly on the side of the consumer, refusing to allow big media to limit consumers’ choice or its technology. Instead, ivi has responded to the C&D letters with both written clarification explaining how its technology works within the parameters of existing law, and offers to meet with broadcasters to begin a constructive dialogue about implementing ivi’s proprietary technology. The ivi technology is a clear reflection of consumer demand and evolutionary forces in the technology marketplace,” the company said.

“ivi is not another Pirate Bay or Napster trying to gain from others’ works. Rather, ivi wishes to work with content owners in helping them to realize new revenue streams and reach more viewers from around the globe,” said Todd Weaver, founder and CEO.  “The ivi team has spent more than three years developing a compelling technological solution that no other company has come close to matching.  ivi enables content owners to protect and monetize their assets while simultaneously giving consumers what they want.  We recognize that it is disruptive to existing cable offerings and remain confident that we have adopted a model that is allowed under all applicable laws. We remain receptive to formal partnerships with broadcast networks and are discussing carriage rights for premium cable, international, and a la carte channels.”

What’s likely to happen next?  One of the named defendants will almost certainly walk into a court and obtain a temporary injunction from a judge that will force ivi to pull its network or station off of ivi‘s lineup.

Verizon and Google have reached an agreement in principle to deal away Net Neutrality protections for American broadband users according to a late report in today’s Washington Post.

Cecilia King writes the agreement is days away from being revealed in public, but two sources verified Verizon and Google have agreed to a split the difference on Net Neutrality — abandoning the open Internet concept for wireless broadband, but protecting against service providers holding bidding auctions over the speed of web content delivery.

Verizon wouldn’t confirm that a deal was struck but said in an e-mail statement:

“We’ve been working with Google for 10 months to reach an agreement on broadband policy. We are currently engaged in and committed to the negotiation process led by the FCC. We are optimistic this process will reach a consensus that can maintain an open Internet and the investment and innovation required to sustain it.”

Specifically, Google and Verizon’s agreement would prevent Verizon from offering paid prioritization to the biggest bidders for capacity on its DSL and fiber networks, according to the sources. But any promises regarding open-Internet access wouldn’t apply to mobile phones, the sources said, speaking on the condition of anonymity because the companies have not officially made their announcement.

And Verizon could offer managed services — better quality to some Web sites such as those offering health care services, the sources said. But some analysts speculate that managed services could also include discounted YouTube and other services to FiOS customers at better quality.

Public interest groups, some occasionally accused of being in bed with Google, were outraged at the news.

“The fate of the Internet is too large a matter to be decided by negotiations involving two companies, even companies as big as Verizon and Google, or even the six companies and groups engaged in other discussions at the Federal Communications Commission (FCC) on similar topics,” said Gigi Sohn, president of public interest group Public Knowledge.

The clear distancing from Google’s settlement illustrates these pro-consumer groups are not simply shilling for Google’s public policy positions.

For Stop the Cap!, the implications are extremely disturbing.  As outlined, this compromise deal would relegate wireless broadband to usage caps, speed throttles, and content blockades indefinitely.  Should “improved quality” service on the wired side be an available option, it could allow the broadband industry to mount a devastating campaign to end would-be competitors, especially to their video businesses.  Cable and phone companies could pick winners and losers (with their products being the winners, and would-be competitors the losers) by prioritizing high quality video services, exempting their partners from Internet Overcharging schemes like usage caps, and subjecting would-be, “non-preferred” content providers to usage and speed-restricted broadband lines.

Offering preferred content producers discounted rates would also completely change the business models of content distribution and discourage investment in would-be challengers that could provide consumers with other video options.

More importantly, it provides an example of an Obama Administration ruthlessly willing to cut consumers out of the debate about Net Neutrality, while forcing them to live with the results.  King notes the priorities of Google and Verizon don’t exactly include consumers:

According to the sources, Verizon and Google have met separately to reach an agreement they will tout as an example of successful self-regulation. Once bitter opponents in the so-called net neutrality debate, the firms have grown closer on the issue as their business ties have also strengthened. Verizon partners with Google on their Android wireless phones.

Their actions could set a course for the FCC meetings and what ultimately the parties could present to lawmakers, analysts said.

Voluntary self-regulation worked so well with Wall Street banks and the housing market that a disconnected crowd inside the beltway is willing to give it another try with a broadband industry that is already a duopoly for most consumers.  Psychic abilities are not required to guess at the eventual outcome.

Update 12:30pm — The denials are flying over a NY Times piece that claims Google has agreed to pay Verizon’s asking price for prioritized traffic:

Google: “The New York Times is quite simply wrong. We have not had any conversations with Verizon about paying for carriage of Google traffic. We remain as committed as we always have been to an open internet.”

Verizon: “The NYT article regarding conversations between Google and Verizon is mistaken. It fundamentally misunderstands our purpose. As we said in our earlier FCC filing, our goal is an internet policy framework that ensures openness and accountability, and incorporates specific FCC authority, while maintaining investment and innovation. To suggest this is a business arrangement between our companies is entirely incorrect.”