Wireless must follow no-blocking, transparency rules under net-neutrality proposal : Genachowski details proposal for Dec. 21 FCC meeting

Federal Communications C omission Chairman Julius Genachowski delivered a short speech today outlining his plans to “preserve the open Internet” ahead of a Dec. 21 meeting during which the agency plans to vote on controversial network neutrality rules. Recognizing that mobile broadband is at an early development stage, Genachowski said the agency would only step in to regulate the sector if operators are showing anti-competitive or anti-consumer behavior. Operators will be required to not block legitimate content and devices on their networks and must be transparent.
The chairman said that the agency does not need to reclassify broadband services as a Title II telecommunications service. Previously Genachowski proposed finding a “third way” to classify broadband services.
Basic provisions of the proposal are:
 That consumers and innovators have a right to know how networks are being managed;
 That legitimate content, applications, services and “non-harmful” devices have the right to access the network;
 That broadband providers cannot discriminate in transmitting lawful network traffic;
 That service providers have the right to manage their networks including the ability to deal with congestion and the ability to charge for usage-based pricing.
The proposal is already under fire by Republican Commissioner Robert McDowell. “Minutes before midnight last night, Chairman Genachowski announced his intent to adopt sweeping regulations of Internet network management at the FCC’s open meeting on Dec. 21. I strongly oppose this ill-advised maneuver. Such rules would upend three decades of bipartisan and international consensus that the Internet is best able to thrive in the absence of regulation.
“Pushing a small group of hand-picked industry players toward a “choice” between a bad option (Title I Internet regulation) or a worse option (regulating the Internet like a monopoly phone company under Title II) smacks more of coercion than consensus or compromise.”
Democrats hold the 3:2 majority at the FCC.
Regarding wireless, Genachowski said openness principles are important, but the agency recognizes the differences between mobile and fixed broadband services. “Accordingly, the proposal takes important but measured steps in this area — including transparency and a basic no blocking rule. Under the framework, the FCC would closely monitor the development of the mobile broadband market and be prepared to step in to further address anti-competitive or anti-consumer conduct as appropriate.”
“While we maintain our belief that any action in this area is unnecessary in the dynamic and rapidly evolving wireless environment, we understand and are pleased that the proposed rules have moved away from broad Title II regulation and toward a more tailored approach that recognizes the unique nature of wireless services,” said CTIA President Steve Largent in a prepared statement.
The December vote comes just before the new Congress convenes in January and Republicans hold the majority in the House of Representatives. Democratic efforts to give the FCC interim authority over net-neutrality issues failed to move forward in the last days of Congress and any such action would likely face a harder time getting adopted under the new Congress. However, Genachowski said the agency is not trying to preclude congressional action. “I want to emphasize that moving this item to a vote at the commission is not designed or intended to preclude action by Congress. As always, I welcome the opportunity for the commission to serve as a resource to Congress.”