• FCC Chair Plans Network Neutrality Proceeding Based on Six 'Open Internet' Principles
  • September 30, 2009 | Authors: Jennifer L. Richter; Carly T. Didden; Jennifer A. Cetta
  • Law Firm: Patton Boggs LLP - Washington Office
  • In a speech at the Brookings Institute, Chairman Julius Genachowski outlined six Internet principles to ensure the openness of the Internet. The first four principles are part of the FCC’s 2005 policy statement. The fifth and sixth principles are new, reflecting “the evolution of the Internet” and are “essential to ensuring its continued openness,” according to Chairman Genachowski.

    The six principles, together, would require the following: (1) consumers are entitled to access the lawful Internet content of their choice; (2) consumers are entitled to run applications and services of their choice, subject to the needs of law enforcement; (3) consumers are entitled to connect to their choice of legal devices that do not harm the network; (4) consumers are entitled to competition among network providers, applications and service providers, and content providers; (5) broadband providers are prohibited from discriminating against particular Internet content or applications; and (6) broadband providers must be transparent about their network management practices.

    With other commissioners’ support, Chairman Genachowski will issue a notice of proposed rulemaking (NPRM) seeking comment on the principles at the FCC’s October open meeting. The NPRM will ask how to determine whether network management practices are reasonable and what information broadband providers should disclose about their network management practices, and in what form.The NPRM also will seek comment on how Internet openness principles should apply to mobile broadband.