[opendtv] ACA: Net Rules Fail Unless Applied To Edge Providers | Multichannel

  • From: Craig Birkmaier <craig@xxxxxxxxxxxxx>
  • To: OpenDTV Mail List <opendtv@xxxxxxxxxxxxx>
  • Date: Fri, 25 Jul 2014 07:18:29 -0400

http://www.multichannel.com/news/policy/aca-net-rules-fail-unless-applied-edge-providers/382662

ACA: Net Rules Fail Unless Applied To Edge Providers

The American Cable Association, representing small cable operators, has told 
the FCC that its proposed new network neutrality rules will not protect 
Internet openness unless they extend to content (edge) providers like search 
engines and not just ISPs.

It is the first time ACA has asked the FCC to regulate edge providers, 
including online programmers.

If the FCC did try to include the Google's and the Yahoo!'s of the world under 
its rules, it would face major pushback from Silicon Valley whether it tried to 
use Sec. 706 authority, Title II authority, or some other justification.

ACA's call for including the edge came in comments to the FCC. among more than 
a million that have now come over the electronic transom as the FCC works 
toward passing new rules by the end of the year.

"The Commission once again proposes to use its authority under Section 706 to 
impose one-sided regulation on broadband ISPs while leaving other Internet 
actors free to block or discriminate in harmful ways, despite its explicit 
recognition that other Internet actors can similarly interfere with open 
consumer access to Internet content, applications, services and devices," said 
ACA. "Edge providers that offer sufficiently important content to end users of 
the Internet, such as popular search engines, social networks, online 
retailers, and online video providers, can severely threaten the overall value 
of broadband access services and the Internet by limiting access to their 
content in a commercially unreasonable manner."

“These so-called ‘edge’ providers have the incentive and ability to limit 
access to their content in a commercially unreasonable manner, thereby 
undermining the intent of the Open Internet rules.  These concerns are not 
merely hypothetical,” said ACA President Matt Polka in a statement, citing 
online blackouts by CBS in 2013 and Viacom earlier this year, among others.

ACA also says that while it does not think the FCC has to modify its 
transparency rule--which unlike no-blocking and anti-discrimination were not 
thrown out by a D.C. federal court--but that if it does modify them, it should 
not apply those "enhancements" to smaller cable ops represented by ACA.

ACA's other major ask is that the FCC not try to apply Title II common carrier 
regs, which it says "would be excessively costly, disruptive and unnecessary."

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