The battle for network neutrality: two and a half years Net Neutrality
On April 23, US net neutrality rules will be permanently abolished.
As this day approaches, the relationship between the Federal Communications Commission (FCC), which voted for the cancellation, and the opponents of this decision, is becoming increasingly tense. Now the FCC in court opposes dozens of parties, including technology companies, individuals and even entire states. In anticipation of the transition to a new era without net neutrality, we offer to return to the history of the issue. Earlier, we traced the origins of network neutrality, talked about the first local conflicts of authorities and operators, and proceeded to serious protests and courts .
Now we turn our attention to a short period during which the rules operated in the USA.
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/ Flickr / Free Press / CC BY
Came 2015. The FCC was in an uncertain position. Tom Wheeler, a supporter of cable companies, remained the head of the Commission. President Obama appointed him to the post, who expressed support for the ideas of network neutrality. Already in January, Wheeler chose a side - during the CES-2015, he announced the reclassification of the activities of Internet providers. This meant that the position of the FCC coincided with the demands of supporters of net neutrality.
The first important date in the history of the issue in 2015 is February 26th. On this day, the Commission held a vote , according to the results of which, the approach that was in force until recently was confirmed. FCC members voted to reclassify broadband and, as the initiative organization Public Knowledge noted, “against blocking and discrimination.”
New rules prohibit:
Advocates of net neutrality achieved their goal, but on the side of the opponents of the new rules were still Republicans and Internet service providers, so the conflict was not settled.
To begin with, telecommunications companies have attempted to negotiate with the FCC. The rules were approved in February, but several months remained before the entry into force, during which major providers offered to stop the reclassification. Companies have already agreed with the three main prohibitions and, as it may seem, they were looking for a compromise. The commission was adamant. As they wrote to Arstechnica, the providers could not convince the FCC that they could really win in court.
The US Telecommunications Companies Association still filed a lawsuit against the FCC when the dialogue reached an impasse. Representatives called new rules “arbitrariness and whim”. Jig Son (Gigi Sohn), the head of Public Knowledge and the defender of the FCC at the time, said that the litigation after the vote "was inevitable", so this step providers did not come as a surprise.
In June 2015, the Federal Court rejected attempts by telecommunications companies to stop the reclassification, and the net neutrality rules came into force. However, this did not stop the opponents of the idea in political and commercial circles - the litigation continued. Hearings in the district appeals court were scheduled for the end of the year. The future of the Internet depended on them - the judges at that moment could cancel the decisions of the FCC. For three hours, the Commission’s defense proved its right to reclassification. The court relied on a landmark 2005 Brand X decision , which allowed the FCC to choose its own classification, but the judges doubted that wireless and broadband services were “functionally equivalent.”
The hearing ended, and the final decision was made only six months later. On June 14, 2016, the Federal Court of Appeal fully supported the net neutrality rules. This was the third time the FCC had to defend the principles of “equal Internet” in court. Henceforth, before the rules of network neutrality, both wire and wireless operators were found to be equal. Despite the fact that there was still another court ahead, the June decision was called "the final victory of net neutrality."
Telecommunications companies went to court again in July - this time to the US Court of Appeals for the District of Columbia. Their request remained the same: to cancel the rules prohibiting to restrict or regulate access to services and sites. The vice president of telecommunications giant AT & T said: “We have always believed that this issue will be resolved by the Supreme Court, and we look forward to participating in the appeal.”
At the same time, Barack Obama’s presidential term came to an end, and preparations for the elections were in full swing. In November, the people of the United States elected the head of state, Donald Trump, a member of the Republican Party, which opposed the FCC decision. A month after the election, Tom Wheeler, the chairman of the Commission, under which the rules of net neutrality were adopted, went ahead of schedule.
The media began to talk about the future of the FCC, suggesting that the new head of the Commission will be a person who shares the views of the Republicans. FCC member Ajit Pai, known for his criticism of net neutrality, was called a likely contender for the post. And so it happened - in January, by the decision of Trump Pye, he was appointed Chairman of the Commission.
/ Wikipedia / Federal Communications Commission / CC
Pai stands for the free market. The rules adopted by Democrats in recent years, he called "weeds that restrain investment, innovation and job creation." In 2015, he voted against the adoption of the rules and remained consistent in relation to the issue.
A month after taking office, Ajit Pie publicly stated that net neutrality was “a mistake” and the Commission was ready to return to a much freer style of regulating the industry. Pie's detailed plan was presented in April. It became known that the FCC will refuse from the classification adopted in 2015 and, possibly, from the other established principles.
A few weeks before, representatives of technology companies such as Facebook, Google and Amazon had met with Ajit Pay to express their support for network neutrality and achieve its preservation. However, the Commission chose a different vector of development.
Like two years earlier , the public has reacted strongly to the actions of the FCC. The host of the evening show John Oliver (John Oliver) again reminded of the threat of rejection of the rules of network neutrality (he made it on the air for the first time in 2014). Users again staged an online protest , flooding the Commission’s website with comments. The petition in defense of network neutrality has collected over 2 million signatures.
Despite the fact that residents of the United States, technology companies and initiative groups actively expressed their disagreement with the FCC policy, by November a draft copy of the document canceling the 2015 rules was ready . Broadband was proposed to be considered not as a telecommunication, but as an information service, and the three established bans lost their force. Ajit Pay said that “the Internet was all right in 2015,” and he didn’t need any additional regulation. On December 14, 2017, the majority of members of the Commission supported this view and voted to repeal the rules of net neutrality.
Ajit Pay said that "Americans will still have access to the sites they want to visit and the services they want to use." However, not everyone shares the optimism of the Commission Chairman. That has changed with the decision of the FCC, we will tell in the next article.
Related articles from the corporate blog VAS Experts:
The previous parts of the Battle of Network Neutrality story:
As this day approaches, the relationship between the Federal Communications Commission (FCC), which voted for the cancellation, and the opponents of this decision, is becoming increasingly tense. Now the FCC in court opposes dozens of parties, including technology companies, individuals and even entire states. In anticipation of the transition to a new era without net neutrality, we offer to return to the history of the issue. Earlier, we traced the origins of network neutrality, talked about the first local conflicts of authorities and operators, and proceeded to serious protests and courts .
Now we turn our attention to a short period during which the rules operated in the USA.
')
/ Flickr / Free Press / CC BY
A short epoch of net neutrality
Came 2015. The FCC was in an uncertain position. Tom Wheeler, a supporter of cable companies, remained the head of the Commission. President Obama appointed him to the post, who expressed support for the ideas of network neutrality. Already in January, Wheeler chose a side - during the CES-2015, he announced the reclassification of the activities of Internet providers. This meant that the position of the FCC coincided with the demands of supporters of net neutrality.
The first important date in the history of the issue in 2015 is February 26th. On this day, the Commission held a vote , according to the results of which, the approach that was in force until recently was confirmed. FCC members voted to reclassify broadband and, as the initiative organization Public Knowledge noted, “against blocking and discrimination.”
New rules prohibit:
- blocking legal applications, services, devices;
- slowing down any applications or services;
- paid provision of a priority channel to any applications or services.
Advocates of net neutrality achieved their goal, but on the side of the opponents of the new rules were still Republicans and Internet service providers, so the conflict was not settled.
To begin with, telecommunications companies have attempted to negotiate with the FCC. The rules were approved in February, but several months remained before the entry into force, during which major providers offered to stop the reclassification. Companies have already agreed with the three main prohibitions and, as it may seem, they were looking for a compromise. The commission was adamant. As they wrote to Arstechnica, the providers could not convince the FCC that they could really win in court.
The US Telecommunications Companies Association still filed a lawsuit against the FCC when the dialogue reached an impasse. Representatives called new rules “arbitrariness and whim”. Jig Son (Gigi Sohn), the head of Public Knowledge and the defender of the FCC at the time, said that the litigation after the vote "was inevitable", so this step providers did not come as a surprise.
In June 2015, the Federal Court rejected attempts by telecommunications companies to stop the reclassification, and the net neutrality rules came into force. However, this did not stop the opponents of the idea in political and commercial circles - the litigation continued. Hearings in the district appeals court were scheduled for the end of the year. The future of the Internet depended on them - the judges at that moment could cancel the decisions of the FCC. For three hours, the Commission’s defense proved its right to reclassification. The court relied on a landmark 2005 Brand X decision , which allowed the FCC to choose its own classification, but the judges doubted that wireless and broadband services were “functionally equivalent.”
The hearing ended, and the final decision was made only six months later. On June 14, 2016, the Federal Court of Appeal fully supported the net neutrality rules. This was the third time the FCC had to defend the principles of “equal Internet” in court. Henceforth, before the rules of network neutrality, both wire and wireless operators were found to be equal. Despite the fact that there was still another court ahead, the June decision was called "the final victory of net neutrality."
Beginning of the end of net neutrality
Telecommunications companies went to court again in July - this time to the US Court of Appeals for the District of Columbia. Their request remained the same: to cancel the rules prohibiting to restrict or regulate access to services and sites. The vice president of telecommunications giant AT & T said: “We have always believed that this issue will be resolved by the Supreme Court, and we look forward to participating in the appeal.”
At the same time, Barack Obama’s presidential term came to an end, and preparations for the elections were in full swing. In November, the people of the United States elected the head of state, Donald Trump, a member of the Republican Party, which opposed the FCC decision. A month after the election, Tom Wheeler, the chairman of the Commission, under which the rules of net neutrality were adopted, went ahead of schedule.
The media began to talk about the future of the FCC, suggesting that the new head of the Commission will be a person who shares the views of the Republicans. FCC member Ajit Pai, known for his criticism of net neutrality, was called a likely contender for the post. And so it happened - in January, by the decision of Trump Pye, he was appointed Chairman of the Commission.
/ Wikipedia / Federal Communications Commission / CC
Pai stands for the free market. The rules adopted by Democrats in recent years, he called "weeds that restrain investment, innovation and job creation." In 2015, he voted against the adoption of the rules and remained consistent in relation to the issue.
A month after taking office, Ajit Pie publicly stated that net neutrality was “a mistake” and the Commission was ready to return to a much freer style of regulating the industry. Pie's detailed plan was presented in April. It became known that the FCC will refuse from the classification adopted in 2015 and, possibly, from the other established principles.
A few weeks before, representatives of technology companies such as Facebook, Google and Amazon had met with Ajit Pay to express their support for network neutrality and achieve its preservation. However, the Commission chose a different vector of development.
Like two years earlier , the public has reacted strongly to the actions of the FCC. The host of the evening show John Oliver (John Oliver) again reminded of the threat of rejection of the rules of network neutrality (he made it on the air for the first time in 2014). Users again staged an online protest , flooding the Commission’s website with comments. The petition in defense of network neutrality has collected over 2 million signatures.
Despite the fact that residents of the United States, technology companies and initiative groups actively expressed their disagreement with the FCC policy, by November a draft copy of the document canceling the 2015 rules was ready . Broadband was proposed to be considered not as a telecommunication, but as an information service, and the three established bans lost their force. Ajit Pay said that “the Internet was all right in 2015,” and he didn’t need any additional regulation. On December 14, 2017, the majority of members of the Commission supported this view and voted to repeal the rules of net neutrality.
Ajit Pay said that "Americans will still have access to the sites they want to visit and the services they want to use." However, not everyone shares the optimism of the Commission Chairman. That has changed with the decision of the FCC, we will tell in the next article.
Related articles from the corporate blog VAS Experts:
The previous parts of the Battle of Network Neutrality story:
Source: https://habr.com/ru/post/351364/
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