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Monday, June 09, 2014

Net Neutrality and Modern Memory: AT&T Public Policy Blog

Net Neutrality and Modern Memory | AT&T Public Policy Blog: "The plain language of Title II provides no basis to prohibit paid prioritization.  Quite the contrary, Title II actually allows and could protect any such practice.  By its terms, Section 202(a) of the Communications Act prohibits “unjust or unreasonable discrimination”, not “all” discrimination.  Eighty years of FCC precedent and case law make clear that so long as a common carrier offers a service to similarly situated buyers on similar rates, terms and conditions, those practices, including a hypothetical “paid prioritization” service, would satisfy Section 202 (a).  In fact, the FCC would likely conclude such a practice involved no discrimination whatsoever under Title II.  We know, for example, that under Title II a common carrier can provide, among other things, prioritized installation and repair, different quality of service levels, and term and volume discounts.  Differentiated terms of service aren’t the exception under Title II, they are the norm.  That framework, dating back to 1934, sure seems unsuited to protecting the proverbial “guy in the garage” inventing a 21st century service. " 'via Blog this'

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