FCC on Specialized Services: Yawn!

The FCC voted 3-2 (along the usual party lines) to approve the Open Internet Order  or as the media refers to it, NET NEUTRALITY.  I suppose a set of rules that has brought condemnation from both sides of the argument can’t be all that bad. Consumers received some protections with a non-blocking rule subject to reasonable network management. As expected, the FCC did not approve its third-way approach (Title II reclassification with forbearance of many statutes).  And the agency also decided to leave mobile broadband to its own devices, so to speak.

I was most curious about the fate of specialized services, the new category of vaguely defined advanced (or as  the Google-Verizon proposal put it “additional”) capabilities that was in the FCC’s original Notice of Proposed Rule Making issued back in late 2009. And which the FCC asked for additional comments again in September 2010.

Anyway, after the FCC’s barrage of questions and stated concerns—most significantly over anti-competitive practices and re-allocation of telecom investments—it ultimately  took the completely radical stance of doing nothing.Continue reading

Telecommunications By Any Other Name….

I’d like to put aside, permanently, the debate about the correct classification of cable service, which has been argued in the courts for years.  In fact,  the underlying question—what is digital communications—has been endlessly and unproductively analyzed in legal and regulatory areas since the 1970s.   The classification question during the disco era,  is it basic or is it enhanced service?, is still with us in the iPad age in the form of,  is it telecommunication or  information?

To me, the bigger issue is why making the right choice from the FCC’s categorization menu—telecommunications, information services, advanced services, advanced services with telecommunications (DSL),  advanced services minus telecommunications (cable modem), etc. —has become the only way to impose non-trivial obligations on carrier and service providers.Continue reading