Net Neutrality Timeline
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What Is Net Neutrality? The principle that the company that connects you to the internet does not get to control what you do on the internet. Net Neutrality Timeline: • October 1, 2002 - FCC Brand X Decision FCC decides to treat cable internet access and DSL internet access differently for regulatory purposes by deregulating cable. • January 12, 2003 - “Net Neutrality” Coined Law Professor Tim Wu first uses the phrase “net neutrality” in a law review article. https://papers.ssrn.com/sol3/papers.cfm?abstract_id=388863 • March 5, 2005 - FCC Orders ISP to Stop Blocking VoIP The FCC fines North Carolina-based ISP Madison River Communications for preventing its subscribers from using a VoIP service that competes with Madison River's own voice calling offering. • June 27, 2005 - Supreme Court Brand X Decision With its decision confirmed, FCC is free to leave cable internet access unregulated. • September 23, 2005 - FCC Deregulates DSL Having deregulated cable internet access, the FCC deregulates DSL as well, removing important consumer protections for internet connectivity. • September 23, 2005 - FCC Issues Internet Policy Statement The FCC Internet Policy Statement sets out proto-net neutrality rules for ISPs. https://apps.fcc.gov/edocs_public/attachmatch/FCC-05-151A1.pdf • November 6, 2005 - “Anybody who expects to use pipes for free is nuts!” AT&T CEO Edward Whitacre inadvertently confirms why net neutrality is important: ISPs want to demand a cut from every website just to reach their customers. • May 1, 2006 - Senate Considers Net Neutralty Law As part of a proposed (but ultimately doomed) attempt to update the Communications Act, the Senate considers a bill that includes a reference to net neutrality. • June 28, 2006 - “A Series of Tubes” In an attempt to explain why the consumer protections that exist for the phone system should not extend to the internet, Alaska Senator Ted Stevens refers to the Internet as “It's not a big truck. It's a series of tubes.” a statement that turns himself into a meme. • February 7, 2007 - Skype Requests Wireless Right to Attach Skype files a request with the FCC to extend wireline "carterfone" rules to wireless. This would give customers the right to attach any non-harmful device to wireless networks, just like they can with wired telephone networks. The freedom of the original carterfone rules gave us things like fax machines, voicemail, and dial up internet. • September 1, 2007 - Comcast Blocks Bittorrent Although it initially denies doing so, Comcast begins interfering with Bittorrent traffic on its network. • October 23, 2007 - Comcast Denies Blocking Bittorrent Comcast insists that it only "delays" the traffic. • November 1, 2007 - Comcast/Bittorrent Complaint Organizations Public Knowledge and Free Press file a complaint demanding that the FCC investigate Comcast's Bittorrent blocking. • January 9, 2008 - The FCC Steps In Responding to Public Knowledge and Free Press' complaint, the FCC opens an investigation into Comcast's treatment of Bittorrent traffic. • April 1, 2008 - FCC Dismisses Skype Petition Without wireless carterfone rights, all wireless equipment must be pre-approved by wireless carriers. An unknown number of innovative wireless devices never make it to the market. • August 1, 2008 - FCC Orders Comcast to Stop Discriminating The FCC issues an order documenting Comcast's behavior and prohibiting Comcast from discriminating against Bittorrent traffic. • September 4, 2008 - Comcast Appeals Comcast appeals the FCC order to the D.C. Circuit Court of Appeals. • November 4, 2008 - Barack Obama Wins Presidency Advocating net neutrality, Barack Obama wins the 2008 presidential election. • October 22, 2009 - FCC Begins Net Neutrality Proceeding The FCC issues a Notice of Proposed Rulemaking beginning the proceeding that culminated in the Open Internet Order. • January 8, 2010 - D.C. Circuit Hears Oral Arguments on the Comcast Order The oral argument before the D.C. Circuit signals trouble for the FCC's order on Comcast's traffic discrimination. • April 6, 2010 - D.C. Circuit Rules in Favor of Comcast The D.C. Circuit court rejects the FCC's use of Title I ancillary authority in punishing Comcast and calls into question the FCC's ability to issue net neutrality rules. • May 5, 2010 - FCC Chairman Genachowski Announces a “Third Way” FCC Chairman Genachowski considers reclassifying the transmission component of broadband service as a telecommunications service. Doing so would clarify the FCC's authority to implement net neutrality rules. • August 9, 2010 - Google and Verizon Attempt to Cut Net Neutrality Deal Reversing its longstanding position as a net neutrality supporter, Google announces a compromise with Verizon that would exclude larger parts of the internet from protection. Ultimately, the agreement is not adopted. • December 21, 2010 - FCC Issues the Open Internet Order FCC decides against reclassification and finds other authority to issue the Open Internet rules. • September 23, 2011 - Open Internet Order Published in Federal Register After administrative delays, the Federal Register publishes the Open Internet Order, to take effect on November 20, 2011. • September 30, 2011 - Verizon Challenges the Order Verizon appeals the Open Internet Order to the D.C. Circuit, questioning the FCC's authority to impose the Open Internet rules. • September 18, 2012 - Public Interest Groups Tell AT&T to Stop Blocking FaceTime AT&T decides to block FaceTime on its mobile networks for subscribers unless they enter into a “Mobile Share” plan. Subsequently, public interest groups Free Press, Public Knowledge, and New America Foundation's Open Technology Institute notify AT&T of their intent to file a formal Open Intnernet complaint to the FCC. • January 16, 2013 - AT&T Agrees to Unblock FaceTime After pressure from public interest groups using the FCC's Open Internet procedure, AT&T agrees to end its blocking of FaceTime. • September 9, 2013 - Oral Arguments in Challenge to Open Internet Order The D.C. Circuit hears arguments concerning Verizon's challenge to the FCC's Open Internet rules. • September 9, 2013 - But For... During oral arguments, Verizon concedes that the FCC's Open Internet rules are the only thing preventing it from charging websites from reaching Verizon subscribers. • January 8, 2014 - AT&T Announces Sponsored Data AT&T announces that it will allow edge providers to pay in order to exempt their services from the data cap AT&T imposes on its customers. • January 14, 2014 - D.C. Circuit Overturns Open Internet Rules The D.C. Circuit overturns the Open Internet rules, reaffirming the FCC's authority to promote the growth of the internet but telling the FCC that if it wants to treat internet access like a telecommunications service it cannot classify it as an information service. • February 19, 2014 - FCC Tries Again The FCC announced its decision to explore its ability to create network neutrality rules in wake fo the DC Circuit's decision. The FCC will consider its options under Section 706, but did not close the Title II reclassification docket. • April 23, 2014 New Proposal Leaks The Wall Street Journal reports that the FCC intends to rely on its Section 706 authority and propose rules that endorse fast lanes and slow lanes online. This results in widespred public outcry • May 13, 2014 - FCC Releases New Proposal The FCC's proposal still tentatively concludes that it will allow fast lanes and slow lanes online, but also includes questions about Title II reclassisifcation. • June 1, 2014 - Net Neutrality Crashes Last Week Tonight John Oliver spends half of his weekly program explaining net neutrality and calling on the public to comment with the FCC to protect it. The FCC website crashes under the strain of comments and Chairman Wheeler is forced to go on record that he is not a dingo. • June 13, 2014 - FCC Opens Investigation into Interconnection In the wake of news that Netflix began paying Comcast and Verizon fees to resolve video quality issues, the FCC begins investigating interconnection and peering agreements. • June 17, 2014 - Bill Introduced to Ban Internet Fast Lanes Representative Doris Matsui (D-CA) and Senator Patrick Leahy ( D-VT) introduce the Online Competition and Consumer Choice Act to stop paid prioritization. • June 19, 2014 - T-Mobile Exempts Some Music Streaming From Data Cap T-Mobile announces that some music streaming services will be exempted from the data cap that it imposes on consumers. • July 15, 2014 - FCC Receives 1.1 Million Comments In the initial round, the FCC recieves 1.1 million comments (including from Public Knowledge). After the FCC releases the contents of the docket as a bulk data resource (a first for the Commission), the Sunlight Foundation determines that "less than 1% of comments were clearly opposed to net neutrality." • August 6, 2014 - Big 4 Wireless Carriers Hit with Transparency Complaint Relying on the open internet transparency rules - the only portion of the rules to survive the DC Circuit's opinion, Public Knowledge initates complaints against AT&T, Sprint, T- Mobile, and Verizon for failing to disclose policies for throttling wireless subscribers. • September 10, 2014 - Internet Slowdown Day A broad collection of public interest groups, companies, and individuals participate in Internet Slowdown Day, urging the public to weigh in on the FCC's proposed open internet rules. • September 15, 2014 - Reply Comments Push Docket to 3.7 million The FCC's server crashes again as millions more people, companies, and advocacy organizations weigh in on the open internet rules. • November 10, 2014 - President Obama Endorses Title II In a video announcement, President Obama reiterates his support for strong open internet rules and for the first time explicity calls for those rules to be grounded in Title II authority. • January 16, 2015 - Republicans Introduce Net Neutralty Bill Senator John Thune (R-SD) and Representative Fred Upton (R-MI) release a discussion draft of a bill addressing the FCC’s authority over net neutrality.