The US President Barack Obama has given his backing to tougher net neutrality rules, including extending the FCC's ability to regulate internet access providers. After a court struck down its previous Open Internet rules, the FCC started a consultation earlier this year on new measures. The consultation attracted nearly 4 million comments from the public, and Congress has held its own hearings on how ISPs view the issue. As the FCC considers the results of the consultation, Obama called for the regulator to "implement the strongest possible rules to protect net neutrality".
Obama gave his backing to the FCC's proposals to stop ISPs from blocking any site, application or other legal content over their networks or 'throttling' the bandwidth needed for internet users to access specific online services. He also supports the FCC's plans to use its 'transparency' authority, upheld in the court ruling over the previous measures. This allows the regulator to force internet providers to disclose more information about their traffic management practices, both to retail customers and other market players connecting to their networks.
In addition, the President supports the FCC's most controversial proposal, to extend so-called Title II of the Telecommunications Act to internet access services. This would see internet service designated a utility, the same as fixed telephony services, allowing the FCC to impose stricter regulations. The lack of such authority was one of the main reasons the FCC's previous Open Internet rules were struck down in court. Obama's support comes as a compromise, as while the FCC could use Title II, it would not be allowed to impose any price regulations or "other provisions less relevant to broadband services", he said.
Finally, Obama also came out against 'paid prioritisation', the idea that some online services could pay to receive a better connection or more bandwidth to reach end-users. The possibility of such agreements has raised concerns some internet services could be left in a 'slow lane', making it difficult for start-ups and new ventures to compete with more established online players. Obama called for an "explicit ban" on paid prioritisation and any other restrictions with similar effects.
Telecom industry groups immediately criticised Obama's decision to back Title II regulation of ISPs. The TIA, which represents telecom equipment makers, said such a move "would set the industry back decades" and put pressure on network investment to meet growing demand for data services. Mobile industry group CTIA also came out against applying the "last century's public utility regulation" to mobile broadband services. Extending Title II to mobile would be a "gross overreaction" and ignore bipartisan support in Congress and at the FCC for alternative steps, the CTIA said.
AT&T also noted that "light touch" regulation had been the standard for the internet since its inception, upheld both by Congress and the Supreme Court. It questioned the FCC's authority to hold such power as Title II regulation and said it would participate in any legal action against the measures. According to AT&T, the new neutrality rules are designed to deal with a problem only "hypothetical" that was posed by "certain political groups whose objective all along has been to bring about government control of the internet".
