862 Deacon Cir: Net Neutrality Research Assignment Paper

Net Neutrality
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Law
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Memo
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Re: Net Neutrality
Net neutrality is whereby the connecting company that connects a consumer to the internet and which is not in control of what the consumer does on the internet. It means that people should be in a position to access applications and content in totality in spite of the source without any restrictions from the service providers.
Since the era of the internet began, its creators had an assumption that the transmitted information was equally treated just like voices over the phones. It was this that formed the basis of its growth and expansion from the fringe service to worldwide communication services it offers today. The companies that were the providers of the internet services consolidated into small giant providers despite the information been provided on the internet growing exponentially. The consolidation of power into the hands of these few service providers gave them the freedom to start degrading and prioritizing some content that went through the channels they are controlling.
When this abuse came into light, FCC was requested by the Americans to come in and codify the network neutrality ‘presumption' to some actual regulations. These regulations were to prevent the discriminatory or preferential engagement of ISPs for their good regarding financial gain or any other thing of the sort. Due to this request, FCC acted accordingly and in 2010 enacted the Open Internet Order. The order was to prevent large firms of telecommunication from online innovation and competition-stifling. In the order, the agency highlighted that the rules of net neutrality were meant for the preservation of internet as a platform that is open. This is in such a way that the users had a choice and they could express themselves freely. It was such that the internet allowed competition, end-user control, and innovation freedom without having to seek permission from the service providers.
In case net neutrality was absent, ISPs could have prevented users from accessing other websites. It could have as well provided services with a very slow speed or making it even worse; it could have redirected consumers from one website to a competing one. The larger companies could have also used ISPs, customers, to buy access priority. For instance, they could have paid ISPs so that they can make their websites more reliable and faster than other potential competitors.
There are six net neutrality principles that were voted for and passed in 2010. They include the following; transparency, mobility, network management, no blocking, vigilance and level playing field. In the transparency principle; it is a right for innovators and consumers to have the knowledge of the characteristics of the basic principles of their internet access. They are also entitled to a right of knowing how the management of their network is being done. The no blocking principle gives the users a right to lawful traffic sending and receiving. The principle prohibits service providers from lawful content blocking and also restricting users from connecting the network with harmless devices. The service providers also have no right to block services and apps from being accessed by the users.
The principle of the level of playing field gives a right to all users to having a level playing field. What this means is that there is no unreasonable discrimination on content. All the companies have the right to access all the services equally. There is no paying for priority allowed to some companies and denied to others. In the management of the network, the broadband providers are required to manage the network reasonably. However, the service providers are not forbidden from offering service tiers to subscribers neither are they forbidden from charging subscribers according to the consumed bandwidth. The mobile principle requires providers to be transparent and also prohibits them from competitive apps and website blocking. In the vigilance principle, there is a committee that was created called the Open Internet Advisory Committee, which helps the FCC to monitor the rules’ effects and the openness of the internet.
In 2015, the FCC released some new rules to protect net neutrality. The new rules are; no paid prioritization, no blocking and no throttling (Kastrenakes, 2015). The rule against throttling states that service providers have no right at all cost to lawful Internet traffic degrading or impairing. This is on the basis of the services of the Internet, its content, and applications as well as the connection of harmless devices. They are subjected to managing the network reasonably. Paid prioritization is whereby the service providers favor other traffics over the others. It happens through the employment of certain techniques such as reservation of resources, shaping of traffic, prioritization or any other forms of traffic management that is preferential. This is done for the benefit of the entity that is affiliated or in a consideration exchange for example monetary.
The new rules have been challenged by the pending lawsuits. There are also proposals by the new administration to change the policy. The two are discussed below. There are three lawsuits that challenged the regulations of FCC filed by some companies. The companies include America Cable Association, Cable Trade Group the National Cable and Telecommunication Association and Mobile Trade Group. The lawsuits were against the decision of FCC that aimed at reclassifying the broadband. The broadband was reclassified as a common-carrier service that is regulated. The position of the agency that has stood for long was reversed to an information service that is highly regulated. The lawsuits did not leave behind th...