{"id":33059,"date":"2017-12-12T05:44:08","date_gmt":"2017-12-12T05:44:08","guid":{"rendered":"http:\/\/www.bnreport.com\/fcc-explains-how-net-neutrality-will-be-protected-without-net-neutrality-rules\/"},"modified":"2017-12-12T05:44:08","modified_gmt":"2017-12-12T05:44:08","slug":"fcc-explains-how-net-neutrality-will-be-protected-without-net-neutrality-rules","status":"publish","type":"post","link":"https:\/\/www.bnreport.com\/en\/fcc-explains-how-net-neutrality-will-be-protected-without-net-neutrality-rules\/","title":{"rendered":"FCC explains how net neutrality will be protected without net neutrality rules"},"content":{"rendered":"
Enlarge<\/a>\/ Federal Communications Commission Chairman Ajit Pai arrives for his confirmation hearing with the Senate Commerce Committee on July 19, 2017 in Washington, DC.Getty Images | Chip Somodevilla <\/a><\/figcaption><\/figure>\n

The Federal Communications Commission is still on track to eliminate net neutrality rules this Thursday, but the commission said today that it has a new plan to protect consumers after the repeal.<\/p>\n

The FCC and Federal Trade Commission released a draft memorandum of understanding (MOU)<\/a> describing how the agencies will work together to make sure ISPs keep their net neutrality promises.<\/p>\n

After the repeal, there won't be any rules preventing ISPs from blocking or throttling Internet traffic. ISPs will also be allowed to charge websites and online services for faster and more reliable network access.<\/p>\n

In short, ISPs will be free to do whatever they want\u2014unless they make specific promises to avoid engaging in specific types of anti-competitive or anti-consumer behavior. When companies make promises and break them, the FTC can punish them for deceiving consumers. That's what FCC Chairman Ajit Pai and Acting FTC Chair Maureen Ohlhausen are counting on.<\/p>\n

\u201cInstead of saddling the Internet with heavy-handed regulations, we will work together to take targeted action against bad actors," Pai said in a joint announcement with the FTC today<\/a>.<\/p>\n

FCC Commissioner Mignon Clyburn, a Democrat who opposes the net neutrality repeal, is not impressed. She gave this statement to Ars:<\/p>\n

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The agreement announced today between the FCC and FTC is a confusing, lackluster, reactionary afterthought: an attempt to paper over weaknesses in the Chairman\u2019s draft proposal repealing the FCC\u2019s 2015 net neutrality rules. Two years ago, the FCC signed a much broader pro-consumer agreement with the FTC that already covers this issue. There is no reason to do this again other than as a smoke-and-mirrors PR stunt, distracting from the FCC\u2019s planned destruction of net neutrality protections later this week.<\/p>\n<\/blockquote>\n

Democratic Commissioner Jessica Rosenworcel agreed. FTC enforcement is no substitute for strict rules against blocking, throttling, and discrimination, she said. \u201cPlus, FTC enforcement would happen long after the fact\u2014many months, if not years, after consumers and businesses have been harmed,\u201d she said in a statement to Ars. \u201cThis is why the FCC must not relinquish its authority and, more importantly, its responsibility, to the public interest.\u201d<\/p>\n

Promises, promises<\/h2>\n

Pai\u2019s approach essentially lets ISPs pick and choose which net neutrality guidelines, if any, they want to follow.<\/p>\n

Most major ISPs are\u2014so far\u2014still promising that they won\u2019t block or throttle lawful Internet content. But net neutrality promises are eroding.<\/p>\n

Comcast deleted a \u201cno paid prioritization\u201d pledge from its net neutrality webpage on the very same day that Pai announced his plan to repeal net neutrality rules, as we previously reported<\/a>.<\/p>\n

Ohlhausen confirmed again today that FTC jurisdiction hinges on those ISPs\u2019 promises. This leaves open the possibility that ISPs could change promises related to blocking or throttling.<\/p>\n

\u201cThe FTC is committed to ensuring that Internet service providers live up to the promises they make to consumers,\u201d Ohlhausen said.<\/p>\n

FTC Commissioner Terrell McSweeny, a Democrat, has said repeatedly that the FTC cannot enforce net neutrality as effectively as the FCC. The FCC has broad rule-making authority and expertise in network engineering that the FTC lacks, McSweeny told Ars in April<\/a>.<\/p>\n

Moreover, the FTC\u2019s jurisdiction over Internet service providers is uncertain. Pai\u2019s plan would shift authority from the FCC to the FTC by eliminating the common carrier classification of broadband. But a pending court case involving AT&T could end up stripping the FTC<\/a> of any regulatory authority over ISPs that also operate common-carrier phone networks.<\/p>\n

AT&T\u2019s attempt to eliminate FTC authority over any aspect of its business was initially successful when a panel of judges at the US Court of Appeals for the Ninth Circuit ruled in AT&T\u2019s favor last year. A more recent court decision vacated AT&T\u2019s victory, but a final ruling has not yet been issued. Despite this, Pai decided not to delay the vote on his plan for the FCC to relinquish authority over broadband providers.<\/p>\n

\u201cThe FTC\u2019s authority in this matter is in question, and an MOU does nothing to answer those concerns,\u201d Rosenworcel said today.<\/p>\n

ISPs\u2019 public disclosures<\/h2>\n

Pai\u2019s plan does require ISPs to make public disclosures<\/a> of blocking, throttling, paid prioritization, prioritization of ISPs' own content, congestion management practices, and limitations imposed on specific types of applications or devices.<\/p>\n

The FCC\/FTC agreement relies partially on those disclosures. This is how the FCC and FTC describe the major parts of their collaboration:<\/p>\n

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