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News Analysis

Google, Verizon Net neutrality plan limits FCC

By Grant Gross
August 10, 2010 02:10 PM ET

IDG News Service - Critics of a network neutrality proposal released Monday by Verizon Communications and Google have complained that it would exempt wireless broadband and managed services from enforcement, but the biggest departure from recent practices may be its proposed major limits on the U.S. Federal Communications Commission's authority.

Google and Verizon have recommended substantial limits on the power of the FCC to enforce and create net neutrality rules. Proposals to limit the FCC's authority in the area aren't new -- Verizon proposed some limits on the FCC's broadband authority back in 2005, and a handful of Republican lawmakers have also introduced legislation to limit the FCC's ability to create new net neutrality rules.

But those efforts haven't received wide support, particularly from net neutrality supporters. Google's support of limits on the FCC's power has other net neutrality supporters crying foul after they long believed they had an ally in the Internet giant.

"The agreement is even worse than previously thought, as it would remove rulemaking authority from the FCC and force them to give deference to a technical body," said Gigi Sohn, president of digital rights group Public Knowledge. "To have Google give in like this at the 11th hour is hugely disappointing."

Supporters of new net neutrality rules have thought that the FCC was moving forward. The FCC, which issued a proposal for net neutrality rules in October, has been hosting a series of private meetings on a compromise since June, but the agency cancelled additional meetings after news reports last week that Google and Verizon would release their own proposal.

The Google/Verizon proposal would prohibit broadband providers from "engaging in undue discrimination" against any legal Web traffic. The recommendations would also give the FCC authority to enforce the net neutrality, or open Internet, principles laid out by Google and Verizon on a case-by-case basis, even though the U.S. Court of Appeals for the District of Columbia Circuit seemed to reject a case-by-case approach taken by the FCC in an April ruling. In that case, the FCC had attempted to prohibit Comcast from slowing peer-to-peer traffic on its network.

The Google/Verizon proposal would also give the FCC the authority to fine broadband providers up to $2 million for "knowing violations" of the net neutrality rules, after the appeals court decision raised questions about the agency's fining authority. The FCC asked for comments on its authority to fine broadband providers in a notice of inquiry on broadband regulation released in June.

The proposal, however, would encourage groups with net neutrality complaints to first seek resolution from unnamed Internet community governance groups, and the FCC would be required to "give appropriate deference" to the decisions of those groups before taking action.

Reprinted with permission from IDG.net. Story copyright 2012 International Data Group. All rights reserved.
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