News

NOT-SO-NEUTRAL CORNERS

7/26/2010 12:13 AM Eastern

WASHINGTON — Players in the network-neutrality debate are still at odds over how the FCC should
enforce its authority over the Internet.

NCTA: No Way — The National Cable & Telecommunications Association, whose president, Kyle
McSlarrow, is one of the FCC conferees on a legislative fix, remains adamant that the FCC’s Title II
solution is a nonstarter. “The commission has no legal authority to classify any part of broadband
Internet access service as a common carrier offering,” the group says. Besides, it says,“the commission
retains ancillary authority to meet legitimate policy objectives.”

Open Internet Coalition: Way — ”We support the ‘third way’ approach outlined by Chairman
Genachowski,” says the coalition, which includes Google, Free Press, Public Knowledge and a host
of others. “The court’s decision makes uncertain the commission’s ability to implement several
important parts of the National Broadband Plan and threatens the ability of the commission to adopt
rules to protect an open and neutral Internet.”

American Cable Association: Stop in the Name of the Law — The American Cable Association goes
the NCTA one better. Not only do those 900 or so small and midsized cable and telecom companies
say the FCC shouldn’t be fast-tracking a Title II reclassification, they argue the FCC can’t do it without
first spelling out just which regulations it will apply or giving operators a chance to weigh in on what
a pain it will be for small operators, which means an official rulemaking. The FCC , if it goes the Title II
route, plans on simply declaring that the new classification now applies.

March