Posts Tagged ‘Net Neutrality’
ISP Network Policies
Posted on November 20, 2011All Internet Service Providers (ISPs) are required to post their Network Practices, Performance Characteristics, Traffic Management Policies and Commercial Terms of Service (Network Policies) on their websites by November 20, 2011 pursuant to the FCC’s Open Internet Order. These policies are designed to ensure that:
- shared network resources are allocated fairly among all users;
- users and prospective users understand service policies and any significant limitations on the service; and
- ISPs provide a foundation that assures customers that they can rely on consistently receiving the level and quality of service to which they subscribe.
Additionally, ISPs must not block access to, nor discriminate against, any lawful website or Internet application and, with respect to fixed Internet access services, support the ability of users to select and attach the equipment of their choice to the network so long as that equipment is used for a lawful purpose consistent with the ISP’s Acceptable Use Policy and does not harm the network or degrade network performance for other users.
Bennet & Bennet has developed a template for both fixed broadband and mobile broadband providers to use in developing their Network Policies. This template must be tailored to each broadband provider’s procedures and capabilities and should be reviewed by counsel before posting to avoid legal issues that may result in a violation of the FCC’s Open Internet Order or the FTC’s Truth in Disclosure policies.
Bennet & Bennet has created a legal package that includes this template and three hours of legal services to tailor the template to your company’s specific network practices. For pricing information or to order this legal package, please click here to contact Bennet & Bennet.
D.C. Circuit Chosen to Hear Net Neutrality Appeal
Posted on October 7, 2011The United States Judical Panel on Multidistrict Litigation has “randomly selected” the United States Court of Appeals for the District of Columbia Circuit to hear the consolidated appeal of the FCC’s Open Internet Order, which is scheduled to take effect on November 20, 2011. Appeals of that order had been filed in the First Circuit, Second Circuit, Third Circuit, Fourth Circuit, Ninth Circuit and D.C. Circuit. The D.C. Circuit is the same court that overturned the application of the FCC’s previous net neutrality policies to Comcast Cable, calling into question the Commission’s statutory authority to adopt net neutrality rules.
Comment Sought on Net Neutrality Reporting
Posted on July 11, 2011The FCC has invited comment on the information collection burden of the formal complaint procedures and network management policy disclosures required under its Open Internet Order. These requirements will not become effective until they are approved by the Office of Management and Budget under the Paperwork Reduction Act. Comments must be submitted to OMB and the FCC on or before August 8, 2011.
FCC Issues Net Transparency guidance
Posted on July 6, 2011The FCC’s Office of General Counsel and Enforcement Bureau have issued a public notice providing advisory guidance for compliance with the transparency and disclosure requirements of the Commission’s Open Internet Order. The Bureau’s public notice seeks to provide clarification and guidance to both fixed and mobile broadband service providers regarding their consumer and third party disclosure obligations once they become effective. The public notice covers point of sale disclosures, service descriptions and characteristics, scope of disclosure, obligations to edge providers, and security measures.
Nominations for Open Internet Advisory Committee Membership Due September 1
Posted on July 1, 2011The FCC is seeking nominations for membership on its Open Internet Advisory Committee (OIAC). The OIAC will be a Federal Advisory Committee that will assist the FCC on “open Internet” (or net neutrality) issues. As provided in the FCC’s 2010 Net Neutrality Order, the OIAC is to be comprised of “consumer advocates; Internet engineering experts; content, application, and service providers; network equipment and end-user device manufacturers and suppliers; investors; broadband service providers,” and others with appropriate expertise. Nominations are due by September 1, 2011.
Title II Net Neutrality Bill Introduced
Posted on January 28, 2011Senator Maria Cantwell (D-WA) has introduced the Internet Freedom, Broadband Promotion, and Consumer Protection Act of 2011 (S. 74) that would codify the FCC’s general net neutrality principles under a newly created subsection to Title II of the Communications Act. The Bill would also require broadband service providers to offer standalone Internet access service at just and reasonable rates and furnish such services to end users upon a reasonable request therefor. Network management practices would be presumed reasonable only where they are the least restrictive, least discriminatory, and least constricting of consumer choice available. The Bill indicates that any practice will not be considered reasonable if the Internet service provider charges content, application or other online service providers for different levels of quality of service or prioritized delivery of IP packets. The Bill also provides that if the FCC establishes a universal service fund for broadband Internet services, only service providers that offer standalone Internet access will be eligible to participate in the fund. The Bill has been referred to the Senate Committee on Commerce, Science and Transportation.