[bestbits] Net Neutrality - summary of FCC new rules

[Becky Lentz]

These are defined in legislation, in the case of the US context, anyway.
Definitional sections at the beginning of legislation are key to
understanding these types of distinctions. The same goes for rules/orders
issued by regulatory agencies like the FCC.

Here¹s a link to the Communications Act of 1934, as amended by the
Telecommunications Act of 1996, where you can find these definitions:
http://transition.fcc.gov/Reports/1934new.pdf. Use the search feature in
the PDF to find information service, telecommunication service, and other
definitions.

The FCC interprets this legislation in its rulemaking processes, so you
will find occasions where the regulatory agency redefines specific
categories of service as either information and telecommunication
services, as it did when it determined that broadband over power lines,
for example (BPL) was an information service:
http://arstechnica.com/tech-policy/2006/11/8154/. Another example of the
FCC¹s reclassification capacity, i.e., Classification of Wireless
Broadband Internet Access Service as Information Service:
https://apps.fcc.gov/edocs_public/attachmatch/FCC-07-30A1.pdf.

The latter is the slippery slope of definitional work, where definitions
created by the FCC move services OUT of common carriage status (telecom
services), etc. These regulatory decisions can be challenged by parties in
court and Congress can also create/pass legislation that creates new
definitions for the FCC to use in its classificatory work, as the
regulatory agency must interpret its enabling legislation in the course of
its work without being arbitrary or capricious in doing so.

For academic treatment of this type of definitional politics, you might
find this helpful: 
http://onlinelibrary.wiley.com/doi/10.1111/cccr.12033/abstract

Becky Lentz
McGill University




-----Original Message-----
From: Seth Johnson <seth.p.johnson at gmail.com>
Reply-To: Seth Johnson <seth.p.johnson at gmail.com>
Date: Wednesday, March 4, 2015 at 11:11 AM
To: Nick Ashton-Hart <nashton at consensus.pro>
Cc: Eduardo Bertoni <ebertoni at alumni.gwu.edu>, Marilia Maciel
<mariliamaciel at gmail.com>, "&lt,bestbits at lists.bestbits.net&gt,"
<bestbits at lists.bestbits.net>
Subject: Re: [bestbits] Net Neutrality - summary of FCC new rules

>Where should I look for those definitions at WTO - information service
>vs telecommunication service?
>
>I use the ISIC.  But that's a breakdown of industries, not of those
>two categories.
>
>Not here:
>https://www.wto.org/english/thewto_e/glossary_e/glossary_e.htm
>
>Or here (telecom, but not info service):
>http://wtoterm.wto.org/multiterm/index.mto?locale=en
>
>
>Seth
>
>On Wed, Mar 4, 2015 at 10:24 AM, Nick Ashton-Hart <nashton at consensus.pro>
>wrote:
>> These are all well-defined terms in the WTO agreement. Whatever you may
>> think of trade policy, it would be wise at least to consider carefully
>>these
>> terms in the context of those definitions.
>>
>>
>> On 4 Mar 2015, at 15:44, Eduardo Bertoni <ebertoni at alumni.gwu.edu>
>>wrote:
>>
>> Dear Marilia,
>>
>> Thanks for sharing this. I begun working on a short piece in Spanish
>>with
>> similar goals: explain the impact of the new rules. The FGV document is
>>more
>> than welcome.
>>
>> For the time being, my humble suggestion is this: for many people it is
>>not
>> clear the difference between "information services" and
>>"telecommunications
>> services". So I would suggest to explain that difference. The concept of
>> "common carrier" might help.
>>
>> Best
>>
>> Eduardo
>>
>> On Tue, Mar 3, 2015 at 6:17 AM, Marilia Maciel <mariliamaciel at gmail.com>
>> wrote:
>>>
>>> Dear all,
>>>
>>> The researchers from the Center for Technology and Society of FGV in
>>>Rio
>>> de Janeiro have prepared a concise summary of FCC new rules that might
>>>be
>>> useful. The communities in Brazil are very focused on the NN debate
>>>since we
>>> engaged in a public consultation to further regulate the net neutrality
>>> principle enshrined in the Brazilian Civil Rights Framework for the
>>>Internet
>>> (Marco Civil).
>>>
>>> The document will be updated as more information is made available.
>>> Comments and suggestions are more than welcome.
>>>
>>>
>>> 
>>>https://docs.google.com/document/d/12RPZvyWKWxQwg116H8L8hjsoNZqsxEjwF7KB
>>>fF-gjqo/edit?usp=sharing
>>>
>>>
>>> Best wishes,
>>> CTS/FGV
>>>
>>> --
>>> Marília Maciel
>>> Pesquisadora Gestora - Centro de Tecnologia e Sociedade - FGV Direito
>>>Rio
>>> Researcher and Coordinator - Center for Technology & Society - FGV Law
>>> School
>>> http://direitorio.fgv.br/cts
>>>
>>> DiploFoundation associate - www.diplomacy.edu
>>> PoliTICs Magazine Advisory Committee - http://www.politics.org.br/
>>> Subscribe "Digital Rights: Latin America & the Caribbean" -
>>> http://www.digitalrightslac.net/en
>>>
>>>
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>>
>>
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