re AT&T: FCC has never had regulatory power over broadband

[Dave Farber <dfarber () me com>]

Begin forwarded message:

> From: George Ou <George.Ou () digitalsociety org>
> Date: April 14, 2010 1:36:52 PM EDT
> To: "dave () farber net" <dave () farber net>, Lauren Weinstein <lauren () vortex com>, "lsnewmanjr () yahoo com" 
> <lsnewmanjr () yahoo com>
> Cc: Richard Bennett <richard () bennett com>
> Subject: RE: [IP] AT&T: FCC has never had regulatory power over broadband

> The FCC had never had Title II powers over broadband on the IP layer (Layer 3).  What they had was price regulation 
> powers (Title II) over DSL transport (Layer 2) through the use of ATM PVCs in the DSLAM up until 2005.  The FCC had 
> regulated wholesale prices of the sharing of twisted pair and DSLAMs.
>
>  
>
> In July 2005, the FCC won the “Brand X” case affirming its 2002 ruling that freed Cable Broadband from Title II.  In 
> August 2005, the FCC went further and freed DSL transport from Title II classification and no longer regulated 
> wholesale prices for DSL transport.
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>  
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> What the Open Internet Coalition and others are now is asking is that the FCC should regulate broadband on all levels 
> under Title II such that its actions on Comcast and its NPRM can be justified.  That would have to include layer 3 IP 
> services, Internet transit, IP interconnect (peering), and maybe even CDN.  But from what I am reading, the FCC is 
> limited in power to regulate prices even on things like Video on Demand, so I can’t see how they would justify price 
> regulating the whole darn Internet and everything it encompasses.  I mean can the FCC regulate the price of Amazon’s 
> virtual “Elastic Cloud” servicers?
>
>  
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>
> George Ou
>
>  
>
> From: Dave Farber [mailto:dave () farber net] 
> Sent: Wednesday, April 14, 2010 5:56 AM
> To: ip
> Subject: [IP] AT&T: FCC has never had regulatory power over broadband
>
>  
>
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>
> Begin forwarded message:
>
> From: Stagg Newman <lsnewmanjr () yahoo com>
> Date: April 14, 2010 8:50:37 AM EDT
> To: dave () farber net, ip <ip () v2 listbox com>
> Subject: Re: [IP] AT&T: FCC has never had regulatory power over broadband
>
> The FCC has regulated Frame Relay, ATM, and SONET and other high speed private line services as Title II services.
>
> Those service are in the family of broadband services.
>
>  
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> The FCC did not regulate Internet service as Title II.
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>  
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> There is a deft change in the email below from broadband to Internet.  They are not synonymns.
>
>  
>
> From: David Farber <dave () farber net>
> To: ip <ip () v2 listbox com>
> Sent: Tue, April 13, 2010 4:58:38 PM
> Subject: [IP] AT&T: FCC has never had regulatory power over broadband
>
>
>
> Begin forwarded message:
>
> From: dewayne () warpspeed com (Dewayne Hendricks)
> Date: April 12, 2010 2:44:14 PM EDT
> To: Dewayne-Net Technology List <xyzzy () warpspeed com>
> Subject: [Dewayne-Net] AT&T: FCC has never had regulatory power over broadband
>
> AT&T: FCC has never had regulatory power over broadband
> The Hill
> By Kim Hart
>
> AT&T lobbyist Hank Hultquist disputes that the FCC ever had the authority over broadband that it seeks today.
>
> His comments in a blog post fuel the fast-growing fight over whether the FCC can or should reclassify broadband as a 
> "Title II" service, rather than the "Title I" service it is today. The D.C. Circuit clearly said last week that the 
> FCC cannot impose net neutrality rules with the current classification.
>
> A host of legal experts and lobbyists have made the case that the FCC should be able to revert back to Title II, 
> since the agency used to have regulatory authority over DSL and other broadband services until 2002, when they were 
> reclassified as Title I.
>
> <http://thehill.com/blogs/hillicon-valley/technology/91603-atat-fcc-has-never-had-regulatory-power-over-broadband>RSS 
> Feed: <http://www.warpspeed.com/wordpress>
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