[bestbits] Net Neutrality - summary of FCC new rules

Wed Mar 4 11:55:15 EST 2015

Right.  Thanks, Becky.

On Wed, Mar 4, 2015 at 11:33 AM, Becky Lentz <roberta.lentz at mcgill.ca> wrote:
> 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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