Zero rating remains one of the most controversial issues heading into a vote on FCC net neutrality rules Thursday, industry and agency officials said in interviews. Commissioner Mignon Clyburn has been particularly concerned about prohibitions on zero rating because of the possible negative implications for some of the poorest U.S. wireless subscribers, the officials said. The Multicultural, Media, Telecom and Internet Council has opposed rules against zero rating (see 1411140046), highlighting why the issue is tricky, especially for FCC Democrats, officials said.
While the FCC is expected to approve proposed net neutrality rules Thursday, discussions were continuing there on some significant details in the order reclassifying broadband. A change apparently sought by Commissioner Mignon Clyburn to remove a specific legal relationship between edge providers and ISPs appears to be out, said a commission official Wednesday. Neither Clyburn nor the agency would comment.
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Assessment of the knowledge of and engagement with the Internet Assigned Numbers Authority transition by Senate Commerce Committee members is likely to produce the substance of Wednesday’s related hearing, Internet governance experts said in interviews. Some experts told us that Congress should be wary of becoming too involved in the IANA transition; others said more hearings with ICANN stakeholders -- rather than ICANN and NTIA’s leadership -- should follow. Scheduled to testify at the hearing are ICANN CEO Fadi Chehade, NTIA Administrator Larry Strickling and attorney David Gross of Wiley Rein on behalf of the Internet Governance Coalition (IGC) (see 1502230048).
Former FCC Commissioner Robert McDowell said the FCC’s net neutrality order, slated for a vote Thursday, will inevitably lead to rate regulation regardless of claims otherwise. ISPs and other companies also will face unprecedented oversight from the FCC as a result of the order, expected to reclassify mobile and fixed broadband as a common carrier service, McDowell said Tuesday at a Hudson Institute event. McDowell voted against the 2010 net neutrality order as a member of the FCC and is now at Wiley Rein.
The Internet Governance Coalition (IGC) supports NTIA’s criteria for the Internet Assigned Numbers Authority transition, plus the agency’s stipulation that the IANA functions not be handed over to an intergovernmental organization, said attorney David Gross of Wiley Rein in prepared testimony for Wednesday’s Senate Commerce Committee hearing on the IANA transition, which was advanced to us Monday. Gross is testifying on behalf of the IGC, which includes Amazon, Cisco, Google and Verizon as members. The IGC believes a “thriving Internet depends on a governance structure that is open, transparent, and representative of all stakeholders,” said Gross. “By allowing for the careful transition of the IANA to a bottom-up multistakeholder entity, the United States has affirmed its commitment to the multistakeholder model,” he said. “If the principles NTIA identified for the transition are met -- which is a critical condition for this process to work -- the United States will also succeed in maintaining the freedom, openness, security, and stability of the network we have all enjoyed since its inception.” ICANN CEO Fadi Chehade and NTIA Administrator Larry Strickling are also testifying Wednesday.
Broadcasters supported the FCC-proposed change for stations to disclose material terms of station contests online instead of on-air (see 1411060048), with minor changes suggested, in comments posted Friday in docket 14-226. Broadcasters called it in interviews a rare proceeding where everyone agrees. The commission should decrease its proposed number of times a broadcaster is required to mention a website with contest rules, Entercom and Hubbard Broadcasting said. The NPRM was released Nov. 21 and approved unanimously.
The Senate Commerce Committee plans a hearing on the Internet Assigned Numbers Authority transition Wednesday at 10 a.m. in 253 Russell, a committee news release said Thursday. The witnesses will be ICANN CEO Fadi Chehade, NTIA Administrator Larry Strickling and international communications lawyer David Gross of Wiley Rein. “Concerns remain that the loss of U.S. involvement over the [IANA functions] could empower foreign powers -- acting through intergovernmental institutions or other surrogates -- to gain increased control over critical Internet functions,” the committee said. “The hearing will examine the potential benefits and preparedness of non-governmental actors to protect Internet governance functions from attempted interference by foreign governments.” Chehade has lauded ICANN's recent conference in Singapore as a step forward on ICANN’s accountability proposal process (see 1502180034).
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Industry observers who have watched closely as the FCC moves to revised net neutrality rules and the reclassification of fixed and mobile broadband as a common-carrier service say there are unknowns that remain. The broad parameters have been known for some time, including treating wireless largely the same as wireline. With FCC Chairman Tom Wheeler set to circulate proposed rules to other commissioners Thursday, observers said there are unanswered questions, among them how exactly forbearance will look. Other big questions include how the rules will address the unique need for wireless carriers to manage their networks.