Title II: The Great Divide

Net Neutrality Combatants Confer With FCC In Private, Spar In Public

By John Eggerton -- Multichannel News, 7/26/2010 12:01:00 AM

Washington — Representatives from both sides of the network- neutrality debate continue to meet in private with Edward Lazarus, chief of staff to Federal Communications Commission chairman Julius Genachowski, but publicly they’re still diametrically opposed as to how the agency should clarify its broadband authority.

According to documents filed with the FCC, those pushing for network-neutrality rules — Google, Skype, the Open Internet Coalition, cable operators and telephone companies — are still talking about a legislative “fix” to the problem raised when a U.S. appeals court called into question the agency’s authority to regulate broadband in the Comcast-BitTorrent case.

The FCC has been pushing a different way to ensure net neutrality: Reclassifying cable MSOs and other distributors using a limited enforcement of common-carrier rules.

In addition, according to an FCC source, the meetings are getting fewer and farther between, with the two camps meeting separately with commission officials.

And not everyone is at the table. The American Cable Association does not have a seat, and that does not sit well with its president, Matthew Polka, who represents about 900 operators.

“ACA has not yet been invited to participate in the closed-door meetings that the FCC is having with large broadband providers on reclassification,” Polka told Multichannel News last week. “We think the chairman should include the views of smaller operators who provide broadband to consumers in smaller markets and rural areas. So we certainly would accept an invitation from the chairman.”

FCC sources have said the chairman is looking to an early fall decision on a declaratory ruling establishing that third way. Republican commissioner Meredith Attwell Baker told MCN last week that her sense is still that Genachowski is still looking to do something “while the leaves are on the trees.” And Rep. Cliff Stearns (R-Fla.) warned last week against putting it on the September FCC meeting agenda.

If a fix can be worked out, it, too, could beat leaf-raking season — the window between the August recess and Congress’ exodus to campaign for re-election.