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Remarks of Commissioner Meredith Attwell Baker the Proven Way: A
Remarks of Commissioner Meredith Attwell Baker The Proven Way: A Regulatory Approach to Promote the Public Interest by Creating Jobs, Fostering Investment, and Driving Broadband Opportunity Broadband Policy Summit VI June 10, 2010 My approach to broadband regulation begins with the core principle that we must take the statute seriously and always respect our limited role of implementing Congress’s direction. We must recognize the basic teachings of economics and financial markets, the core tenants of engineering, the time-tested proposition that competitive markets protect consumers better than prescriptive government regulation, and some plain old common sense: if it isn’t broken, don’t fix it. And, our Title I regime for broadband is certainly not broken. The Internet Has Flourished Under the Commission’s Current Regulatory Framework. Over a decade ago, the Commission established a bipartisan approach that the Internet should be lightly regulated under Title I.1 Time has shown this to be one of the best decisions the Commission has ever made for consumers. In direct reliance on a consistent regulatory approach, wired and wireless network providers pumped $60 billion into their networks last year alone.2 Billions more have gone into applications and devices that ride on those networks. By every metric, broadband is a remarkable success: more universally available, faster, and cheaper. My travels as a Commissioner have also reinforced that the Internet is still a very new and evolving technology, and that former Commissioner Abernathy’s call for “Government Humility” is particularly true when confronting this dynamic industry.3 In Cambridge, I learned about Akamai, which carries up to 20 percent of the world’s Internet traffic with 70,000 servers around the globe. -
Unscrambling the FCC's Net Neutrality Order: Preserving the Open Internetâ•Flbut Which
UNSCRAMBLING THE FCC's NET NEUTRALITY ORDER: PRESERVING THE OPEN INTERNET-BUT WHICH ONE? Larry Downest I. INTRODUCTION This article offers a critical reading of the Federal Communications Commission's ("FCC" or "Commission") December 23, 2010 Report and Order entitled "Preserving the Open Internet."I This year-long proceeding, concluded just as the 2010 lame duck Congress was about to adjourn, resulted in significant new regulations for some broadband Internet access providers. The new rules enact into law a version of what is sometimes referred to as the "net neutrality" principle. Proponents of net neutrality regulation argue that the Internet's defining feature-and the key to its unarguable success-is the content-neutral routing and transport of individual packets through the network by Internet service providers, a feature of the network that requires strong 2 protection and enforcement by the FCC. The FCC describes its new rules as rules of the road to ensure a "level playing field" for application and other service providers in accessing U.S. markets, consumers, and devices.3 t Larry Downes is Senior Adjunct Fellow with TechFreedom. His books include LARRY DOWNES, UNLEASHING THE KILLER APP: DIGITAL STRATEGIES FOR MARKET DOMINANCE (Harvard Business School Press 1998) and, most recently, LARRY DOWNES, THE LAWS OF DISRUPTION: HARNESSING THE NEW FORCES THAT GOVERN LIFE AND BUSINESS IN THE DIGITAL AGE (Basic Books 2009). This article was adapted from testimony delivered on February 15, 2011, before the House Judiciary Committee's Subcommittee on Intellectual Property, Competition, and Internet. Ensuring Competition on the Internet: Net Neutrality andAntitrustBefore the H. -
Annual Report 2017 2
ENDHOMELESSNESS.ORG ANNUAL REPORT 2016 1 2017 Annual Report 1518 K STREET, NW, 2ND FLOOR, WASHINGTON, DC 20005 | T: (202) 638-1526 | F: (202) 638-4664 ENDHOMELESSNESS.ORG ENDHOMELESSNESS.ORG ANNUAL REPORT 2017 2 OUR MISSION: THE NATIONAL LETTER from the ALLIANCE TO END PRESIDENT HOMELESSNESS The solution to homelessness is focused on ensuring that the new assistance, learning collaboratives, and straightforward: housing ends Administration, and Congress were fully more. For example, they provided IS A NONPARTISAN homelessness. But the work is as up to speed on the proven solutions to on-site emergency shelter and Rapid challenging as it gets. homelessness. We worked hard to help Rehousing technical assistance to 13 local homeless assistance organizations communities. They helped places like ORGANIZATION In 2017, as the nation’s affordable communicate regularly with their Napa County, California redesign their housing crisis reached a new level, so Members of Congress – helping them crisis response systems, lower shelter many communities that had made understand how the problem is playing barriers and improve re-housing COMMITTED TO progress against homelessness began to out on the ground, and what is needed outcomes. And what they learned struggle. Between rising levels of to solve it. through their direct work in communities, unsheltered homelessness, a rapidly they shared with thousands of other Meanwhile, our Homelessness Research aging homeless population, and a practitioners across the country through PREVENTING Institute continued to produce critically crushing wave of natural disasters, we practical, skill-enhancing webinars, important data and analysis on emerging were all reminded of the immensity of toolkits and sample policies. -
The FCC's Knowledge Problem: How to Protect Consumers Online
The FCC’s Knowledge Problem: How to Protect Consumers Online Hon. Maureen K. Ohlhausen* TABLE OF CONTENTS I. A FRAMEWORK FOR THINKING ABOUT REGULATION: COMPARING THE FCC AND THE FTC .................................................................. 205 A. The Regulator’s Knowledge Problem....................................... 206 B. The FCC’s Prescriptive, Ex Ante Regulatory Approach .......... 208 C. The FTC’s Flexible, Ex Post Enforcement-Based Approach ... 212 II. NET NEUTRALITY AND THE FCC: A CASE STUDY IN REGULATORY DIFFICULTY ..................................................................................... 214 A. What is Net Neutrality? ............................................................ 215 1. Proponents of Net Neutrality Regulation .......................... 215 2. Opponents of Net Neutrality Regulation .......................... 216 B. The FCC’s History of Broadband Regulation: The Road to Reclassification ........................................................................ 218 1. Broadband as a Title I information service ....................... 218 2. The Verizon Decision ........................................................ 220 3. The Aftermath of Verizon ................................................. 221 Commissioner, Federal Trade Commission. I would like to thank Neil Chilson for his contributions to this essay. The views expressed here are solely my own and do not necessarily represent the views of the Commission or any other individual Commissioner. Portions of this essay were adapted from a keynote -
The High Cost of Doing Nothing on Net Neutrality Introduction
ISSUE BRIEF: Q4 2019 UPDATE THE HIGH COST OF DOING NOTHING ON NET NEUTRALITY INTRODUCTION Business Forward has organized hundreds of briefings across the country on technology and innovation, collecting recommendations from local business leaders on a range of issues, from how to protect IP to helping small businesses use the internet to find new markets. Few issues are as important – or contentious – as net neutrality. This issue brief explains why net neutrality matters and offers a path to achieving it. The term “net neutrality” was coined in 2003, capturing the belief that the best way to ensure an open and vital internet is to prevent network operators from interfering with traffic to favor data from some sites or applications over others. Without net neutrality, network operators could censor viewpoints, stifle startups by charging exorbitant tolls, or undermine competition by favoring their own web offerings over their competitors’ offerings. With net neutrality, companies operating at the “edge” of the network are more likely to invest in distance learning, telemedicine, media streaming, and other new, data-intensive businesses. FOUR DIFFERENT FCC CHAIRS, SERVING TWO PRESIDENTS, SUPPORTED NET NEUTRALITY PRINCIPLES, POLICIES OR RULES – BUT THEY LACKED CONGRESSIONAL AUTHORITY TO ENFORCE THEM. The FCC began working on ways to promote net neutrality in 2004. Four different FCC chairs (Michael Powell, Kevin Martin, Julius Genachowski, and Tom Wheeler) serving two presidents (George W. Bush, Barack Obama) issued net neutrality principles, policies or rules. But federal courts or subsequent FCC orders struck down these efforts. Martin’s “policy statement” was found to be unenforceable because it wasn’t a formal regulation. -
Prepared Remarks of Chairman Julius Genachowski Federal Communications Commission 10Th Annual Seixas Award Dinner Low Memorial L
Prepared Remarks of Chairman Julius Genachowski Federal Communications Commission 10th Annual Seixas Award Dinner Low Memorial Library at Columbia University New York City April 27, 2010 On Receipt of the Gershom Mendes Seixas Award Thank you, Dean Lehecka. For so many of us you’ve been the heart and soul of this great school, and it’s a particular honor for me to have you present this award. Thank you to the Columbia/Barnard Hillel, and in particular Dr. Judy Schwartz and Simon Klarfeld. Thank you Robert Kraft. We are moved by your words of unity tonight, and by your long list of stunning accomplishments, including the rebuilding of the Hillel here. Congratulations to my longtime friend Jay Lefkowitz. Considering our somewhat divergent political paths – Jay working for Presidents Bush 41 and 43, I for President Obama and Senator Schumer -- I don’t always cheer when Jay is on the winning side. But tonight is certainly not one of those times. Jay richly deserves this award, and I applaud him. A few months ago, someone called saying they wanted to give me an award whose previous recipients include Robert Kraft, Arthur Sulzberger, Edgar Bronfman, and Herman Wouk. My immediate thought was … they’ve made a mistake. Growing up I rooted for the Jets, not the Patriots. I read Newsday more than the New York Times. I’ve been very fortunate to work with Edgar Bronfman Junior, but have never met his father. And then I realized. I was finally being acknowledged for something I’ve accomplished that I didn’t know anyone knew about, but of which I’m quite proud: Reading every word of every one of Herman Wouk’s great books. -
July 18, 2012 Chairman Julius Genachowski Federal Communications Commission 445 12Th Street SW Washington, DC 20554 Re
July 18, 2012 Chairman Julius Genachowski Federal Communications Commission 445 12th Street SW Washington, DC 20554 Re: Letter, CG Docket No. 09-158, CC Docket No. 98-170, WC Docket No. 04-36 Dear Chairman Genachowski, Open data and an independent, transparent measurement framework must be the cornerstones of any scientifically credible broadband Internet access measurement program. The undersigned members of the academic and research communities therefore respectfully ask the Commission to remain committed to the principles of openness and transparency and to allow the scientific process to serve as the foundation of the broadband measurement program. Measuring network performance is complex. Even among those of us who focus on this topic as our life’s work, there are disagreements. The scientific process happens best in the sunlight and that can only happen when as many eyes as possible are able to look at a shared set of data, work to replicate results, and assess its meaning and impact. This ensures the conclusions from the broadband measurement allow for meaningful, data-driven policy making. Since the inception of the broadband measurement program, those of us who work on Internet research have lauded its precedent-setting commitment to open-data and transparency. Many of us have engaged with this program, advising on network transparency and measurement methodology and using the openly-released raw data as a part of our research. However, we understand that some participants in the program have proposed significant changes that would transform an open measurement process into a closed one. Specifically, that the Federal Communications Commission (FCC) is considering a proposal to replace the Measurement Lab server infrastructure with closed infrastructure, run by the participating Internet service providers (ISPs) whose own speeds are being measured. -
The FCC Is Involved in a Never Ending Fight to Ensure Net Neutrality As a Law Volume 1 (2) 2015
The FCC is Involved in a Never Ending Fight to Ensure Net Neutrality as a Law Volume 1 (2) 2015 Fast Lanes without Slow Lanes: The FCC is Involved in a Never Ending Fight to Ensure Net Neutrality as a Law Matthew C. Quattrochi* 1. Introduction The overall purpose of this work is to discuss the current state of net neutrality. Given Federal Communication Commission (“FCC”) Chairman Tom Wheeler’s most recent proposal to pass net neutrality into law, net neutrality is ripe for discussion.1 The court ruling striking down the infrastructure of the Open Internet Order in Verizon v. F.C.C., and the devaluation of Title I regulatory authority exhibited in the decision made in Comcast Corp. v. F.C.C. bring about an appropriate point to stop and reflect concerning the options the FCC has to instill net neutrality regulation.2 Part II of this work will be dedicated to explaining net neutrality and addressing the overall question of whether net neutrality needs to be enacted into law. Part III will be dedicated to discussing Verizon v. F.C.C. and Comcast Corp. v. F.C.C. as well as other applicable case law concerning net neutrality violations. Part IV will address FCC Chairman Tom Wheeler’s most recent net neutrality proposal, now law. Part V will consider the authoritative options that the FCC has in regulating net neutrality violations. * Matthew C. Quattrochi is a 3rd Year law student at Barry Law School in Orlando Florida. He is an Orlando Chapter Attorney Liaison and the member of American Constitution Society. -
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554
Before the FEDERAL COMMUNICATIONS COMMISSION Washington, DC 20554 In the Matter of ) ) FCC Seeks Comment and Data on Actions to ) GN Docket No. 16-46 Accelerate Adopting and Accessibility of ) Broadband-Enabled Health Care Solutions and ) Advanced Technologies ) COMMENTS OF CTIA Thomas C. Power Senior Vice President, General Counsel Scott K. Bergmann Vice President, Regulatory Affairs Jacqueline McCarthy Assistant Vice President, Regulatory Affairs Kara D. Romagnino Director, Regulatory Affairs CTIA 1400 Sixteenth Street, NW Suite 600 Washington, DC 20036 (202) 785-0081 May 24, 2017 TABLE OF CONTENTS I. INTRODUCTION. ..............................................................................................................1 II. WIRELESS TECHNOLOGY EMPOWERS CONSUMERS AND HEALTH CARE PROVIDERS. ...........................................................................................................3 III. POLICIES THAT ENABLE ROBUST WIRELESS BROADBAND ARE NECESSARY FOR ACHIEVING THE PROMISE OF MOBILE HEALTH. ...................7 A. The Commission Should Promote Connected Health Solutions by Avoiding Public Utility Regulation of Mobile Broadband Services. ..................................... 7 B. Sound Infrastructure Policies Are Imperative for Unleashing Mobile Health Care Potential. ................................................................................................................. 9 C. The Commission Should Ensure Sufficient Spectrum Is Available to Support Next Generation Networks. ............................................................................................ -
“Light-Touch” Internet Regulation
THE USE AND ABUSE OF “LIGHT-TOUCH” INTERNET REGULATION JOHN BLEVINS ABSTRACT The Federal Communications Commission (“FCC”) recently repealed network neutrality regulations. In doing so, the agency claimed to be restoring the traditional “light-touch” deregulatory approach that successfully guided Internet policy for decades. Today, this version of history—what I call the light- touch narrative—provides a key normative foundation for deregulatory policy. It also influences current interpretations of positive law. Indeed, the FCC’s legal authority to repeal network neutrality rules relies on statutory interpretations reflecting these historical assumptions. This Article contends, however, that the light-touch narrative has become misleading, because it relies on flawed understandings of the Internet’s history. It assumes that today’s Internet access providers are the legal equivalents of earlier data and dial-up service providers. As a result, policymakers cite the deregulation of these earlier entities to justify deregulating modern access providers—an approach that is both normatively and legally problematic. To illustrate these problems, this Article examines the origins and evolution of light- touch Internet regulation. It then explores the legal and policy implications of this history, particularly with respect to the FCC’s recent network neutrality repeal and its legal challenges. John J. McAulay Distinguished Professor of Law, Loyola University New Orleans College of Law. I would like to thank Adam Gershowitz, Johanna Kalb, and John Lovett for helpful advice. 177 178 BOSTON UNIVERSITY LAW REVIEW [Vol. 99:177 CONTENTS INTRODUCTION ............................................................................................... 179 I. AN OVERVIEW OF LIGHT-TOUCH POLICY APPROACHES ......................... 185 II. THE ORIGINS OF LIGHT-TOUCH POLICIES ................................................ 194 A. -
Verizon’S Blocking of Google Wallet: Preserving the Open Internet, GN Docket No
Barbara van Schewick Associate Professor of Law Crown Quadrangle 559 Nathan Abbott Way Stanford, CA 94305-8610 Tel 650 723.8340 Fax 650 725.0253 [email protected] VIA ELECTRONIC SUBMISSION AND ELECTRONIC MAIL December 19, 2011 Chairman Julius Genachowski Federal Communications Commission 445 12th Street S.W. Washington, D.C. 20554 Re: Verizon’s Blocking of Google Wallet: Preserving the Open Internet, GN Docket No. 09-191; Broadband Industry Practices, WC Docket No. 07-52; Service Rules for 698-746, 747-762, and 777-792 MHz Bands, WT Docket No. 06-150; File No. EB-11-MDIC-0004 Dear Chairman Genachowski: Two weeks ago, various news outlets reported that Verizon Wireless’s new Galaxy Nexus phone, an Android device that went on sale last Thursday, will not support Google Wallet, Google’s mobile payment application.1 Based on what we know from press reports, it seems that Verizon Wireless is violating the open-devices and open-applications conditions in its legal licenses for part of the 700 MHz spectrum (the so-called “C-Block”) over which the company’s LTE network operates. There is, however, great uncertainty about what exactly is going on. I am writing to ask the Commission to investigate the situation as quickly as possible and to send a signal to the market – innovators, consumers, and licensees – that the openness conditions will be enforced. The outcome of this case has important implications not only for the mobile payments market, but also for any application or service potentially available on a mobile network. First, Verizon’s behavior hurts Verizon customers, a full 35% of the mobile market, who are unable to use the very first mobile payment technology based on near-field communications that has come to market. -
(AOI) Forum 2020 Summary
Accessibility Outreach Initiative (AOI) Forum 2020 Summary During the 8th Annual Accessibility Outreach Initiative (AOI) Forum, CTIA virtually hosted industry leaders, policymakers, and representatives from the accessibility community. The Forum celebrated key wireless milestones for people with disabilities, and explored how the wireless industry is continuing to serve the needs of the accessibility community. Featured Speakers Keynote remarks were delivered by CTIA President and CEO Meredith Attwell Baker, U.S. Senator Ed Markey, and FCC Consumer and Governmental Affairs Bureau (CGB) Chief Patrick Webre. Panelists from across the accessibility community and wireless industry discussed an array of topics, including the Communications and Video Accessibility Act (CVAA), keeping Americans connected during COVID-19, and updates from the Hearing Aid Compatibility (HAC) Task Force. Meredith Senator Attwell Ed Markey Baker “Wireless has become a central “These issues are about (CTIA) part of daily life for those with participation and each of us should disabilities, helping to break down have the ability to participate in historic communications barriers. society to the greatest extent that We’ve made great strides to our talents and abilities permit. empower millions of people with That’s why as society evolves, our disabilities, and I’m excited to see protections for individuals with what we can do together in a more disabilities must evolve as well.” accessible 5G future for all.” Patrick Webre (FCC) “Expanding access to wireless technologies for people with disabilities is an issue of great importance […] At the FCC, we are continually looking to build on the progress we have made over the last ten years.” Key Takeaways Panel 1: The Tenth Anniversary of the CVAA Moderator: Matthew Gerst, CTIA Moderator Matthew Gerst kicked off the CVAA anniversary panel with an overview of key themes from the CVAA.