[opendtv] The Verizon and Google joint policy proposal

  • From: "Manfredi, Albert E" <albert.e.manfredi@xxxxxxxxxx>
  • To: "opendtv@xxxxxxxxxxxxx" <opendtv@xxxxxxxxxxxxx>
  • Date: Tue, 10 Aug 2010 19:09:03 -0500

I'm trying to figure out what they are really wanting to do.

As far as I can tell, they want to have a way of separating out their special 
offerings, like TV programming for instance, from the open and neutral 
broadband access. They want to apply the same net neutrality principles to 
wireless, but somehow MINUS the transparency requirement. So, wireless monthly 
bills should be allowed to be more obscure, presumably. And they want their 
universal service burdens to be shared by cablecos and presumably anyone else 
providing broadband access service.

All in there, along with the other stuff that no consumer could possibly argue 
against.

Bert

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http://googlepublicpolicy.blogspot.com/2010/08/joint-policy-proposal-for-open-internet.html

A joint policy proposal for an open Internet
 
Monday, August 9, 2010 at 1:38 PM ET 
Posted by Alan Davidson, Google director of public policy and Tom Tauke, 
Verizon executive vice president of public affairs, policy, and communications

The original architects of the Internet got the big things right. By making the 
network open, they enabled the greatest exchange of ideas in history. By making 
the Internet scalable, they enabled explosive innovation in the infrastructure.

It is imperative that we find ways to protect the future openness of the 
Internet and encourage the rapid deployment of broadband. Verizon and Google 
are pleased to discuss the principled compromise our companies have developed 
over the last year concerning the thorny issue of "network neutrality."

In October, our two companies issued a shared statement of principles on 
network neutrality. A few months later we submitted a joint filing to the FCC, 
and in an April joint op-ed our CEOs discussed their common interest in an open 
Internet. Since that time, we have listened to all sides of the debate, engaged 
in good faith with policy makers in multiple venues, and challenged each other 
to craft a balanced policy framework. We have been guided by the two main goals:

     1. Users should choose what content, applications, or devices they use, 
since openness has been central to the explosive innovation that has made the 
Internet a transformative medium.

     2. America must continue to encourage both investment and innovation to 
support the underlying broadband infrastructure; it is imperative for our 
global competitiveness.

Today our CEOs will announce a proposal that we hope will make a constructive 
contribution to the dialogue. Our joint proposal takes the form of a suggested 
legislative framework for consideration by lawmakers, and is laid out here. 
Below we discuss the seven key elements:

First, both companies have long been proponents of the FCC's current wireline 
broadband openness principles, which ensure that consumers have access to all 
legal content on the Internet, and can use what applications, services, and 
devices they choose. The enforceability of those principles was called into 
serious question by the recent Comcast court decision. Our proposal would now 
make those principles fully enforceable at the FCC.

Second, we agree that in addition to these existing principles there should be 
a new, enforceable prohibition against discriminatory practices. This means 
that for the first time, wireline broadband providers would not be able to 
discriminate against or prioritize lawful Internet content, applications or 
services in a way that causes harm to users or competition.

Importantly, this new nondiscrimination principle includes a presumption 
against prioritization of Internet traffic - including paid prioritization. So, 
in addition to not blocking or degrading of Internet content and applications, 
wireline broadband providers also could not favor particular Internet traffic 
over other traffic.

Third, it's important that the consumer be fully informed about their Internet 
experiences. Our proposal would create enforceable transparency rules, for both 
wireline and wireless services. Broadband providers would be required to give 
consumers clear, understandable information about the services they offer and 
their capabilities. Broadband providers would also provide to application and 
content providers information about network management practices and any other 
information they need to ensure that they can reach consumers.

Fourth, because of the confusion about the FCC's authority following the 
Comcast court decision, our proposal spells out the FCC's role and authority in 
the broadband space. In addition to creating enforceable consumer protection 
and nondiscrimination standards that go beyond the FCC's preexisting consumer 
safeguards, the proposal also provides for a new enforcement mechanism for the 
FCC to use. Specifically, the FCC would enforce these openness policies on a 
case-by-case basis, using a complaint-driven process. The FCC could move 
swiftly to stop a practice that violates these safeguards, and it could impose 
a penalty of up to $2 million on bad actors.

Fifth, we want the broadband infrastructure to be a platform for innovation. 
Therefore, our proposal would allow broadband providers to offer additional, 
differentiated online services, in addition to the Internet access and video 
services (such as Verizon's FIOS TV) offered today. This means that broadband 
providers can work with other players to develop new services. It is too soon 
to predict how these new services will develop, but examples might include 
health care monitoring, the smart grid, advanced educational services, or new 
entertainment and gaming options. Our proposal also includes safeguards to 
ensure that such online services must be distinguishable from traditional 
broadband Internet access services and are not designed to circumvent the 
rules. The FCC would also monitor the development of these services to make 
sure they don't interfere with the continued development of Internet access 
services.

Sixth, we both recognize that wireless broadband is different from the 
traditional wireline world, in part because the mobile marketplace is more 
competitive and changing rapidly. In recognition of the still-nascent nature of 
the wireless broadband marketplace, under this proposal we would not now apply 
most of the wireline principles to wireless, except for the transparency 
requirement. In addition, the Government Accountability Office would be 
required to report to Congress annually on developments in the wireless 
broadband marketplace, and whether or not current policies are working to 
protect consumers.

Seventh, and finally, we strongly believe that it is in the national interest 
for all Americans to have broadband access to the Internet. Therefore, we 
support reform of the Federal Universal Service Fund, so that it is focused on 
deploying broadband in areas where it is not now available.

We believe this policy framework properly empowers consumers and gives the FCC 
a role carefully tailored for the new world of broadband, while also allowing 
broadband providers the flexibility to manage their networks and provide new 
types of online services.

Ultimately, we think this proposal provides the certainty that allows both web 
startups to bring their novel ideas to users, and broadband providers to invest 
in their networks.

Crafting a compromise proposal has not been an easy process, and we have 
certainly had our differences along the way. But what has kept us moving 
forward is our mutual interest in a healthy and growing Internet that can 
continue to be a laboratory for innovation. As policy makers continue to 
formulate the rules of the road, we hope that other stakeholders will join with 
us in providing constructive ideas for an open Internet policy that puts 
consumers in charge and enhances America's leadership in the broadband world. 
We stand ready to work with the Congress, the FCC and all interested parties to 
do just that.
 
 
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