According to PC Magazine the Federal Communications Commission held closed door meetings with lobbyists for the country's top telecoms in Washington on Monday. According to the report lobbyists from AT&T, Verizon, the National Cable & Telecommunications Association, and Internet companies like Google and Skype are meeting with the FCC to talk about Net Neutrality. This does not sit well with organizations pushing for Net Neutrality at all - mainly because of the lack of transparency the FCC is showing in holding the meetings in the first place.

The meetings come on the heels of the FCC opening a public comment period last week to figure out how it should proceed regarding broadband Internet regulation. Monday's meeting included a discussion with lobbyists about how the FCC might avoid changes to Internet regulation rules, but still be able to enforce "net neutrality" rules. Another meeting was scheduled for today.

Consumer group Free Press was very unhappy with the FCC's meetings:

As Federal Communications Commission (FCC) Chairman Julius Genachowski grapples with a decision on whether or not to reclassify broadband service in order to wield influence over it, AT&T is playing hardball by threatening to cut back on its U-Verse spending in light of additional government authority.

U-Verse is an AT&T IPTV service that offers high-speed Internet, phone and television programming and counts 2.3 million current subscribers. It is currently available to 24 million homes, a number expected to reach 30 million by the end of 2011. AT&T Chief Executive Randall Stephenson told the Wall Street Journal however, that FCC reclassifying of broadband from Title 1 to Title 2 would mean, “…we have to re-evaluate whether we put shovels in the ground.”

As the Federal Communications Commission (FCC) continues to lick its wounds following a recent court loss to Comcast, a provision could emerge from financial overhaul legislation that would boost the Federal Trade Commission’s (FTC) governing ability over the Internet.

The Washington Post reports that a current version of regulatory overhaul legislation passed by the House would, “allow the FTC to issue rules on a fast track and permit the agency to impose civil penalties on companies that hurt consumers.”

The Post notes that, while such a provision is absent from current legislation before the Senate, “some observers expect the measure to be included when the House and Senate versions are combined.”

Why some groups believe the FTC's power should be expanded:

In the wake of Comcast emerging triumphant over the Federal Communications Commission (FCC) in a court spat regarding the media company’s throttling of peer-to-peer traffic, FCC chairman Julius Genachowski has a serious decision to make.

A picture USA Today paints of the situation insinuates that Genachowski has two choices: he can attempt to get regulators to define broadband Internet as a “highly regulated common carrier service like telephones,” or “he can let cable and phone companies call the shots by allowing it to remain a lightly regulated information service.”

In what could be a blow to the Federal Communication Commission’s (FCC) Net Neutrality and National Broadband Plan initiatives, the United States Court of Appeals for the District of Columbia has ruled that the FCC does not have the authority to force Internet providers to grant equal treatment to all traffic traversing their networks.

Comcast Corporation v. Federal Communications Commission and United States of America hinged on whether or not the FCC, “has authority to regulate an Internet service provider’s network management practices.” The FCC was attempting to stop Comcast from interfering with its customer’s use of peer-to-peer networking applications.

The Federal Communications Commission (FCC) has released its National Broadband Plan to Congress.

FCC Chair Julius Genachowski called the document an “action plan” for a “21st century roadmap to spur economic growth and investment, create jobs, educate our children, protect our citizens, and engage in our democracy.”

An Executive Summary of the Plan (PDF) stated that nearly 200 million Americans possessed a broadband Internet connection as of last year, up from 8 million in 2000. 100 million citizens are still without broadband at home however and perhaps more importantly, “nearly a decade after 9/11, our first responders still lack a nationwide public safety mobile broadband communications network.”

The Digital Education Coalition, comprised of The Entertainment Consumers Association (ECA), The International Game Developers Association (IGDA), the Media Education Lab at Temple University and the National Association for Media Literacy Education (NAMLE), has offered comments to the Federal Communications Commission in favor of Net Neutrality.

The document (PDF here) notes why net neutrality is important to coalition members:

The digital education community needs access to a wide variety of online content, which broadband service providers are currently able to block or filter. Further, members of the community need to transmit and access content such as videos, speeches and photos, which require large amounts of bandwidth. The only way to protect educational interests online is to prohibit content-based discrimination.

The group also seeks to persuade the FCC to require internet service providers to act more transparently and to disclose network management practices on their websites.

Members of the digital education community currently have limited access to the network management practices of service providers. Yet, this information is needed to help educators to plan their curricula, enable media literacy educators to teach about network transmissions and assist game developers in the creation of innovative teaching tools.

Disclosure: GamePolitics is a publication of the ECA.

The Federal Communications Commission (FCC) has released a Notice of Inquiry (NOI) seeking feedback and responses to the subject of the affect of electronic media on children and whether or not the Commission should have more power to wield authority.

Released on October 23, Empowering Parents and Protecting Children in an Evolving Media Landscape presents some of the influence (both pro and con) emerging media has on youngsters, before asking for additional data on these subjects. Specifically the FCC is seeking “information on the extent to which children are using electronic media today, the benefits and risks these technologies bring for children, and the ways in which parents, teachers, and children can help reap the benefits while minimizing the risks.”

The FCC also is asking commenters to “to discuss whether the Commission has the statutory authority to take any proposed actions and whether those actions would be consistent with the First Amendment.”

FCC Chairman Julius Genachowski included a statement with the NOI in which he noted that “twenty years ago, parents worried about one or two TV sets in the house,” while today, media choices are far more widespread for children, including videogames, which “have become a prevalent entertainment source in millions of homes and a daily reality for millions of kids.”

Genachowski continued:

This Notice of Inquiry recognizes the importance of undertaking a comprehensive approach to assessing how children can best be served in the digital media landscape. The vital role of government in this media environment is therefore to empower parents and protect children, while honoring and abiding by the First Amendment.

Thanks² Sean

The Entertainment Consumers Association (ECA) has sent a letter to Federal Communications Commission (FCC) Chairman Julius Genachowski praising proposed Net Neutrality rules.

The letter, which was also copied to the FCC’s four Commissioners, notes the key reasons the Net Neutrality movement is important to gamers:

• Popular massively multiplayer online (MMO) games such as Activision-Blizzard’s World of Warcraft hosts more than eleven million users worldwide;
• Both Xbox Live® and PlayStation Network® connect over 46 million console users in the United States and abroad in hundreds of games online; and
• Well-liked gaming websites like Kongregate, PlayFirst, Pogo.com and PopCap Games also serve hundreds of millions of users on their web browsers.

A section of the letter also touched on the rights of wireless gamers:

The iPhone App Store and other wireless providers are selling thousands of games to consumers on their phones, but are also urging that principals of Net Neutrality should not apply to them. From a gamer’s perspective, wireless providers must be treated the same as any other service provider to insure the same gaming experiences exist across platforms.

Noting that “more troubling behavior in the marketplace” has become more common—such as “deep packet” inspection by Internet service providers—ECA Vice President and General Counsel Jennifer Mercurio wrote:

The ECA asks that the FCC take action now to affirmatively safeguard the free flow of information on the Internet before it’s too late.

Full Disclosure: GamePolitics is a publication of The ECA

Yesterday, The Federal Communication Commission’s (FCC) five commissioners voted unanimously to move ahead with the discussion on Net Neutrality.

While all five commissioners approved the move, the two Republican members (Robert McDowell and Meredith Attwell Baker) indicated that, while they think further exploration is a good idea, they don’t think regulations will ultimately be needed.

McDowell was quoted in a Washington Post website as saying:

Today we do disagree on substance. I do not agree with the majority’s view that the Internet is showing breaks and cracks and that the government ... needs to fix it. Nonetheless it is important to remember that the commission is starting a process, not ending one.

Senator John McCain expressed his displeasure with the Net Neutrality movement as well. PC World reports that McCain introduced his own Internet Freedom Act, which would “expressly prohibit the FCC from making rules on net neutrality in the simplest terms.” McCain thinks Net Neutrality will affect the job market and stifle competition.

The Net Neutrality movement will now record comments until January 14, 2010 and subsequent reply comments until March 14, 2010.

Count the Entertainment Consumers Association (ECA) among those who back the Federal Communications Commission’s (FCC) stance and newly added principles on net neutrality.

Noting that the ECA is “delighted” with FCC Chairman Julius Genachowski’s “aggressive stance,” the ECA’s Vice President and General Counsel Jennifer Mercurio commented:

Increasingly, Americans spend much more time on the Internet – they take care of business and pursue their hobbies, like playing video games, all of which fuel our economy, and they should not be penalized for it.

To advance the cause of net neutrality, the ECA has added an action item to its website that allows users to email their Representative or Senators in support of the FCC’s position.

FULL DISCLOSURE DEPT: The ECA is the parent company of GamePolitics.

As might be expected, reactions to today’s speech from Federal Communications Commission Chairman Julius Genachowski are appearing, with feedback varying wildly depending on which side of the fence the comments come from.

Representative Edward J. Markey (D-MA), co-author of the Internet Freedom Preservation Act, praised Genachowski’s announcement, stating:

This is a significant step towards preserving the free and open nature that has enabled the Internet to become a platform for innovation, job-creation and economic growth. I hope the full Commission follows Chairman Genachowski’s lead in this vital effort.

PCMag has reaction from Senator Kay Bailey  (R-TX), who, it was noted, added an amendment to an Interior Appropriations bill that seeks to ban the FCC from spending funds to formulate and apply regulatory changes:

I am deeply concerned by the direction the FCC appears to be heading. These new regulatory mandates and restrictions could stifle investment incentives.

Comcast Executive Vice President David Cohen, whose company has battled with the FCC over network management policies in the past, took to his company’s blog to comment on today’s action:

We welcome the dialogue suggested by the Chairman in his comments, and we completely agree that any consideration of new “rules of the road” begin with notice and an open, public rulemaking proceeding – this is both fair and appropriate.

An article on CNET further details the initial reactions and stance of the wireless industry in regards to Genachowski’s comments. In a nutshell, some carriers, along with CTIA, the wireless industry’s trade association, do not want net neutrality laws extended to wireless service providers.

As promised, Federal Communications Commission (FCC) Chairman Julius Genachowski today gave a speech in which he offered up two fresh principles of net neutrality he would like to see addressed in the National Broadband Plan.

The speech (full text here), entitled “Preserving a Free and Open Internet: A Platform for Innovation, Opportunity, and Prosperity,” was given at The Brookings Institute in Washington, DC. Genachowski began by extolling the virtues of an open Internet and referencing the ability of young entrepreneurs, such as the founders of eBay, Facebook and Netscape, to take advantage of the open architecture and create innovative businesses.

He outlined the four Internet principles that currently guide the FCC’s enforcement of communication laws: “Network operators cannot prevent users from accessing the lawful Internet content, applications, and services of their choice, nor can they prohibit users from attaching non-harmful devices to the network.”

Genachowski then introduced two additional principles he would like to see adopted as Commission rules: The fifth principle of non-discrimination, which states that “broadband providers cannot discriminate against particular Internet content or applications,” and the sixth principle of transparency, which states that “providers of broadband Internet access must be transparent about their network management practices.”

Noting that his “fundamental goal” is “preserving the openness and freedom of the Internet,” Genachowski added:

This is not about government regulation of the Internet. It’s about fair rules of the road for companies that control access to the Internet. We will do as much as we need to do, and no more, to ensure that the Internet remains an unfettered platform for competition, creativity, and entrepreneurial activity.

The Federal Communications Commission (FCC) is expected to detail a new proposal today that will feature rules for how Internet service providers manage and route traffic on their networks.

The proposal, which is expected to advance with three out of five votes from the FCC, will be announced by FCC Chairman Julius Genachowski (pictured) and is likely to include two new guidelines for dictating how companies like AT&T, Verizon, Comcast and Charter Communications treat different packets and applications on their networks.

The Washington Post reports that the FCC is expected to vote on the new rules in October, possibly culminating in a final rule in the spring of 2010.

An FCC source told the paper:
 

Be they entrepreneurs or innovators or consumers or less powerful voices, a principle on transparency is about knowing how large carriers manage traffic on networks and understanding how their content will be treated ahead of time so no one is surprised. So a CTO of a fledging start-up isn't shocked when a new product that got angel investment won't actually work on the Time Warner system, for example.

Computerworld speculates that the raging battle over health-care reform taking place in the United States Congress could push out any technology-related bills until 2010.

Some of the bills scheduled to be addressed this year that could be delayed to 2010 include:

• The Cybersecurity Act – A bill introduced by Senators Jay Rockefeller (D-WV) and Olympia Snowe (R-ME) that would allow the President to cut off or limit Internet traffic during cyber emergencies. A sticking point of this bill is that the President’s power over private networks is still undefined.

• Data-Breach Notification – These proposed bills would require companies or government agencies that suffer a cyber-related breach of security to notify people affected.  As 45 states already have breach notification laws, some experts are questioning the need for a national one.

• Internet Freedom Preservation Act – A bill introduced by Representative Ed Markley (D-MA) that seeks to require the Federal Communications Commission to create net neutrality rules. The bill notes that, “The national economy would be severely harmed if the ability of Internet content, service, and application providers to reach consumers was frustrated by interference from broadband telecommunications network operators.”

In response to a Federal Communications Commission Public Notice seeking comments on how the term “broadband” should be defined, AT&T labeled gaming as an “aspirational” online service.

While basic web-browsing capabilities and email were termed core services in the brief dated August 31, 2009, gaming was lumped in with streaming video and real-time voice services. AT&T noted:

…for Americans who today have no terrestrial broadband service at all, the pressing concern is not the ability to engage in real-time, two-way gaming, but obtaining meaningful access to the Internet’s resources and to reliable email communications and other basic tools that most of the country has come to expect as a given.

The Entertainment Software Association replied to the FCC on September 9, 2009, taking umbrage with AT&T’s comments. Kenneth L. Doroshow, The ESA’s Senior Vice President and General Counsel stated:

Online video games are a meaningful part of our participative culture. They remove geographic barriers, connecting people from across the country and around the world. They teach cooperation, cultivate leadership skills, and empower users to express their creativity. Increasingly, games are used for training purposes and to educate students about complex social issues. Entertaining does not mean trivial.

As GamePolitics noted last week, the Federal Communications Commission has floated the idea of a universal content rating system which would span various forms of media, including video games.

While lobbying group ESA quickly raised objections to the concept, the video game industry did quite well in an FCC report on parental controls issued to Congress on Monday. GameCulture has more:

Members of Congress who will receive the FCC's report will find almost nothing negative about the game industry's handling of parental control technology and ratings. Common Sense Media's concern about unrated online content and user-created content is noted but countered by the ESA, which points out that "no rating system or control device can anticipate the extemporaneous world of the Internet..."

While the FCC says it intends to launch a Notice of Inquiry specifically for games, this first round is a clear victory for the industry.  At this rate, even if regulators decide to pursue a "universal rating system," it could end up looking a lot like the system developed by the ESRB.