[bestbits] Net Neutrality - summary of FCC new rules

Seth Johnson seth.p.johnson at gmail.com
Wed Mar 4 14:23:44 EST 2015 

On Wed, Mar 4, 2015 at 1:40 PM, Lee W McKnight <lmcknigh at syr.edu> wrote:
> Well...
>
> The WTO's General Agreement on Trade in Services...covers trade in ALL services and hence information services; as well as telecoms.
>
> https://www.wto.org/english/Tratop_e/serv_e/gatsqa_e.htm#3
>
> For GATS in the 90s, a key phrase was 'value-added telecommunications services' which generally is equivalent to US Title I information services. The Internet was treated then as just one more value added telecom service/data network in the period of those negotiations, part of the 'information infrastructure.'


There we go, now getting someplace useful.  So now I have a pointer to
a historical transition on point.  Thanks, that probably tells me
where to proceed.


> WTO definitions at:
>
> https://www.wto.org/english/tratop_e/serv_e/telecom_e/telecom_coverage_e.htm
>
> Lee
>
> PS: Re FCC's recent action, as to the specific changes, first we should note the that the new full 300 pages + is not yet released, so we are all working off 'fact sheets,' press releases, and Chairman Wheeler's comments prior to last week's vote.


Also the framework of the Info Society project, current activities at
the FCC.  The FCC is already wrong -- not on using Title II at all,
but on implementation -- from my vantage point.  They "have the burden
of proof" as far as I'm concerned.  They still haven't put it out?
Wow.


Seth


> But we can look back, and speculate ahead. I subjected my Telecommunications Regulation students to a  'Classification of Services' lecture last week on the eve of the FCC vote. Title I information services and Title II telecommunications services definitions were traced to the FCC's 1960s- 1980s Computer Inquiries, which fed into the 96 Act and at international level, the GATS definitions.    Bill Drake could tell us all the bloody details but then he'd need a month of our time. : ) I am happy to share the ppt lecture slides with interested folks, but don't want to hose the list with a fat powerpoint file - if interested email me.
>
>
> ________________________________________
> From: bestbits-request at lists.bestbits.net <bestbits-request at lists.bestbits.net> on behalf of Seth Johnson <seth.p.johnson at gmail.com>
> Sent: Wednesday, March 4, 2015 11:55 AM
> To: Becky Lentz
> Cc: Nick Ashton-Hart; Eduardo Bertoni; Marilia Maciel; &lt,bestbits at lists.bestbits.net&gt,
> Subject: Re: [bestbits] Net Neutrality - summary of FCC new rules
>
> 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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>>>>
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