Re: NOTE DATE FCC Moves Closer to Regulating the Internet

[David Farber <dave () farber net>]

Begin forwarded message:

From: Phil Karn <karn () ka9q net>
Date: September 11, 2008 8:59:46 AM EDT
To: dave () farber net
Subject: Re: [IP] NOTE DATE  FCC Moves Closer to Regulating the Internet


> FCC Moves Closer to Regulating the Internet
> <http://www.techlawjournal.com/internet/80908.htm>

I wish articles like this wouldn't talk about "Regulating the  
Internet". The issue is very clearly about regulating the monopoly at  
the physical layer in the retail residential market. That means the  
transmission facilities individuals and small businesses use to ACCESS  
the Internet.

The distinction couldn't be more important. Confusing the two plays  
right into the hands of the cablecos and telcos who have long been  
saying, for their own self-serving purposes, that the Internet should  
be unregulated and "free" -- as in freedom for themselves but most  
definitely not as in beer for the users.

Since before the AT&T breakup the FCC has had some very strange  
definitions of the terms "telecommunications" or "basic" service and  
"information" or "enhanced" service. We've always known they were  
fictions, but we've tolerated them because the end result (no to  
minimal regulation of the Internet in its development phase) is what  
we've all wanted.

But as often happens in a completely unregulated market, the Internet  
has created some very serious and destructive monopolies. Ironically  
these are the very same entities who had little or nothing to do with  
the Internet's development, who either ignored it or tried to kill it  
in its infancy, but who jumped in and seized control as soon as there  
was a lot of money to be made from it.

So these strange definitions of "information service" and  
"telecommunications service" are ready to burn us if we're not careful.

What has to happen is very clear: "telecommunications services" must  
be defined as "physical transmission facilities" and "information  
services" as the applications of those facilities. The former must be  
carefully regulated wherever a market failure has created a  
destructive monopoly. The latter should be left completely alone  
because it's vibrant and diverse, and there's really nothing wrong  
with it.

Under no circumstances must the telecommunications service providers  
be allowed to grab further control over the information services that  
use them. We can count on them to try.





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