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Federal Communications Commission Open Internet Order (2010)

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The Federal Communications Commission Open Internet Order of 2010 is a set of regulations that move towards the establishment of the internet neutrality concept. Some opponents of net neutrality believe such internet regulation would inhibit innovation by preventing providers from capitalizing on their broadband investments and reinvesting that money into higher quality services for consumers. Supporters of net neutrality argue that the presence of content restrictions by network providers represents a threat to individual expression and the rights of the First Amendment . Open Internet strikes a balance between these two camps by creating a compromised set of regulations that treats all internet traffic in "roughly the same way". In Verizon v. FCC , the Court of Appeals for the D.C. Circuit vacated portions of the order that the court determined could only be applied to common carriers .

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63-568: The United States Federal Communications Commission established four principles of " open internet " in 2005: These tenets of open internet essentially encapsulate the ideas of net neutrality. From 2005 until the establishment of Open Internet in December 2010, these standards existed in name only. In 2009, FCC Commissioner Julius Genachowski revamped these principles by adding the idea that internet service providers may not discriminate against content in any way. After an extensive debate about

126-591: A natural monopoly . The FCC controlled telephone rates and imposed other restrictions under Title II to limit the profits of AT&T and ensure nondiscriminatory pricing. In the 1960s, the FCC began allowing other long-distance companies, namely MCI, to offer specialized services. In the 1970s, the FCC allowed other companies to expand offerings to the public. A lawsuit in 1982 led by the Justice Department after AT&T underpriced other companies, resulted in

189-594: A cost of $ 17.3 million per year in 1996 dollars. Prior to the Portals, the FCC had space in six buildings at and around 19th Street NW and M Street NW. The FCC first solicited bids for a new headquarters complex in 1989. In 1991 the GSA selected the Portals site. The FCC had wanted to move into a more expensive area along Pennsylvania Avenue . In 1934, Congress passed the Communications Act , which abolished

252-484: A federal appeals court struck down rules implemented by the FCC pertaining to net neutrality. The court's decision emphasized the FCC's distinction between information services (broadband providers) and telecommunications services, which are treated as common carriers . Because the FCC had previously chosen not to classify broadband providers as a telecommunications service, the court ruled them exempt from treatment as common carriers. The current proposal for Open Internet

315-410: A situation he found "perplexing". These efforts later were documented in a 2015 Harvard Case Study. In 2017, Christine Calvosa replaced Bray as the acting CIO of FCC. On January 4, 2023, the FCC voted unanimously to create a newly formed Space Bureau and Office of International Affairs within the agency, replacing the existing International Bureau. FCC chairwoman Jessica Rosenworcel explained that

378-464: A unanimous 3-0 decision. The decision focused on the narrow principle of whether the FCC had the right to regulate Comcast's network principles. In fact, the opinion was written so narrowly as to prompt the former legal counsel for the FCC, Sam Feder, to classify it as "the worst of all worlds for the F.C.C.” In his estimation, the court case made it all but impossible for the FCC to expect an appeal victory, but it also opened up enough alternatives for

441-613: A unanimous FCC policy statement in 2005. President Obama voiced his support for the measure as well, "calling the FCC's decision a victory for consumers, free speech, and "American innovation." President Obama will also be fulfilling a campaign promise to institute some form of Net Neutrality regulation. On January 14, 2014 in Verizon v. FCC the United States Court of Appeals for the District of Columbia Circuit vacated

504-424: Is essential to providing fair access to information, but Republicans argue that the best way for the internet to flourish is for the government to stay out of it. However, in a major exception to this rule, President George W. Bush (R) decided to impose net neutrality regulation on Comcast in 2008. The FCC has continued to encounter difficulties in their efforts to establish an open internet policy. A 2014 ruling by

567-401: Is organized into seven bureaus, each headed by a "chief" that is appointed by the chair of the commission. Bureaus process applications for licenses and other filings, analyze complaints, conduct investigations, develop and implement regulations, and participate in hearings . The FCC has twelve staff offices. The FCC's offices provide support services to the bureaus. The FCC leases space in

630-711: The Broadcast Decency Enforcement Act of 2005 sponsored by then-Senator Sam Brownback , a former broadcaster himself, and endorsed by Congressman Fred Upton of Michigan who authored a similar bill in the United States House of Representatives . The new law stiffens the penalties for each violation of the Act. The Federal Communications Commission will be able to impose fines in the amount of $ 325,000 for each violation by each station that violates decency standards. The legislation raised

693-532: The Columbia Broadcasting System (CBS). The report limited the amount of time during the day and at what times the networks may broadcast. Previously a network could demand any time it wanted from a Network affiliate . The second concerned artist bureaus. The networks served as both agents and employers of artists, which was a conflict of interest the report rectified. In assigning television stations to various cities after World War II ,

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756-589: The Communications Act of 1934 and amended by the Telecommunications Act of 1996 (amendment to 47 U.S.C. §151), is to "make available so far as possible, to all the people of the United States, without discrimination on the basis of race, color, religion, national origin, or sex, rapid, efficient, nationwide, and world-wide wire and radio communication services with adequate facilities at reasonable charges." The act furthermore provides that

819-644: The Federal Radio Commission and transferred jurisdiction over radio licensing to a new Federal Communications Commission, including in it also the telecommunications jurisdiction previously handled by the Interstate Commerce Commission. Title II of the Communications Act focused on telecommunications using many concepts borrowed from railroad legislation and Title III contained provisions very similar to

882-566: The Radio Act of 1927 . The initial organization of the FCC was effected July 17, 1934, in three divisions, Broadcasting, Telegraph, and Telephone. Each division was led by two of the seven commissioners, with the FCC chairman being a member of each division. The organizing meeting directed the divisions to meet on July 18, July 19, and July 20, respectively. In 1940, the Federal Communications Commission issued

945-494: The breakup of the Bell System from AT&T. Beginning in 1984, the FCC implemented a new goal that all long-distance companies had equal access to the local phone companies' customers. Effective January 1, 1984, the Bell System's many member-companies were variously merged into seven independent "Regional Holding Companies", also known as Regional Bell Operating Companies (RBOCs), or "Baby Bells". This divestiture reduced

1008-501: The "No blocking" and "No unreasonable discrimination" rules of the order. The court upheld the "Transparency" rule in the same ruling. In the aftermath of the 2014 Verizon decision, on February 19, 2014 the FCC Chairman announced that the FCC would not appeal the court ruling, that he intended to seek new rules that would be consistent with the D.C. Circuit's opinion, and opened a new proceeding (GN Docket No. 14-28, "Preserving

1071-631: The "Report on Chain Broadcasting " which was led by new FCC chairman James Lawrence Fly (and Telford Taylor as general counsel). The major point in the report was the breakup of the National Broadcasting Company (NBC), which ultimately led to the creation of the American Broadcasting Company (ABC), but there were two other important points. One was network option time, the culprit here being

1134-457: The 1960s All-Channel Receiver Act ), to make UHF viable against entrenched VHF stations. In markets where there were no VHF stations and UHF was the only TV service available, UHF survived. In other markets, which were too small to financially support a television station, too close to VHF outlets in nearby cities, or where UHF was forced to compete with more than one well-established VHF station, UHF had little chance for success. Denver had been

1197-621: The 50 states, the District of Columbia , and the territories of the United States . The FCC also provides varied degrees of cooperation, oversight, and leadership for similar communications bodies in other countries in North America. The FCC is funded entirely by regulatory fees. It has an estimated fiscal-2022 budget of US $ 388 million. It has 1,482 federal employees as of July 2020. The FCC's mission, specified in Section One of

1260-762: The Cable Communications Policy Act of 1984, and made substantial modifications to Title VI in the Cable Television and Consumer Protection and Competition Act of 1992. Further modifications to promote cross-modal competition (telephone, video, etc.) were made in the Telecommunications Act of 1996, leading to the current regulatory structure. Broadcast television and radio stations are subject to FCC regulations including restrictions against indecency or obscenity. The Supreme Court has repeatedly held, beginning soon after

1323-588: The Commission — and if upheld by the courts — it could represent an important milestone in the ongoing struggle to safeguard the awesome opportunity-creating power of the open Internet.” FCC Chairman Julius Genachowski also supported the decision, invoking the actions of the past Republican administration. He said that "The rules of the road we adopt today are rooted in ideas first articulated by Republican Chairmen Michael Powell and Kevin Martin , and endorsed in

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1386-522: The FCC a legal basis for imposing net neutrality rules (see below), after earlier attempts to impose such rules on an "information service" had been overturned in court. In 2005, the FCC formally established the following principles: To encourage broadband deployment and preserve and promote the open and interconnected nature of the public Internet, Consumers are entitled to access the lawful Internet content of their choice; Consumers are entitled to run applications and use services of their choice, subject to

1449-484: The FCC found that it placed many stations too close to each other, resulting in interference. At the same time, it became clear that the designated VHF channels, 2 through 13, were inadequate for nationwide television service. As a result, the FCC stopped giving out construction permits for new licenses in October 1948, under the direction of Chairman Rosel H. Hyde . Most expected this "Freeze" to last six months, but as

1512-587: The FCC in the newly created post of associate general counsel/chief diversity officer. Numerous controversies have surrounded the city of license concept as the internet has made it possible to broadcast a single signal to every owned station in the nation at once, particularly when Clear Channel, now IHeartMedia , became the largest FM broadcasting corporation in the US after the Telecommunications Act of 1996 became law - owning over 1,200 stations at its peak. As part of its license to buy more radio stations, Clear Channel

1575-437: The FCC indicated that the public largely believed that the severe consolidation of media ownership had resulted in harm to diversity, localism, and competition in media, and was harmful to the public interest. David A. Bray joined the commission in 2013 as chief information officer and quickly announced goals of modernizing the FCC's legacy information technology (IT) systems, citing 200 different systems for only 1750 people

1638-403: The FCC said that nearly 55 million Americans did not have access to broadband capable of delivering high-quality voice, data, graphics and video offerings. On February 26, 2015, the FCC reclassified broadband Internet access as a telecommunications service, thus subjecting it to Title II regulation, although several exemptions were also created. The reclassification was done in order to give

1701-445: The FCC to accomplish its same goals that Congress would be unlikely to give the FCC regulatory authority over the internet. Given these concerns, the FCC revised its plan for net neutrality, and the end result of that revision was the release of the current Open Internet rules. This controversy has often split along party lines with Democrats supporting the regulation and Republicans opposing it. Democrats believe that Open Internet

1764-534: The FCC was created "for the purpose of the national defense" and "for the purpose of promoting safety of life and property through the use of wire and radio communications." Consistent with the objectives of the act as well as the 1999 Government Performance and Results Act (GPRA), the FCC has identified four goals in its 2018–22 Strategic Plan. They are: Closing the Digital Divide, Promoting Innovation, Protecting Consumers & Public Safety, and Reforming

1827-563: The FCC's Processes. The FCC is directed by five commissioners appointed by the president of the United States and confirmed by the United States Senate for five-year terms, except when filling an unexpired term. The U.S. president designates one of the commissioners to serve as chairman. No more than three commissioners may be members of the same political party . None of them may have a financial interest in any FCC-related business. Commissioners may continue serving until

1890-514: The FCC, which regulated AT&T's long-line charges, but the commission took no action. The result was that financially marginal DuMont was spending as much in long-line charge as CBS or NBC while using only about 10 to 15 percent of the time and mileage of either larger network. The FCC's "Sixth Report & Order" ended the Freeze. It took five years for the US to grow from 108 stations to more than 550. New stations came on line slowly, only five by

1953-460: The Internet, cable services and wireless services has raised questions whether new legislative initiatives are needed as to competition in what has come to be called 'broadband' services. Congress has monitored developments but as of 2009 has not undertaken a major revision of applicable regulation. The Local Community Radio Act in the 111th Congress has gotten out of committee and will go before

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2016-592: The Open Internet") asking for general public comment. On April 24, the Chairman announced he would be circulating a draft Open Internet Notice of Proposed Rulemaking for the next open FCC meeting on May 15. United States Federal Communications Commission The Federal Communications Commission ( FCC ) is an independent agency of the United States government that regulates communications by radio , television , wire, satellite , and cable across

2079-641: The Sentinel Square III building in northeast Washington, D.C. Prior to moving to its new headquarters in October 2020, the FCC leased space in the Portals building in southwest Washington, D.C. Construction of the Portals building was scheduled to begin on March 1, 1996. In January 1996, the General Services Administration signed a lease with the building's owners, agreeing to let the FCC lease 450,000 sq ft (42,000 m ) of space in Portals for 20 years, at

2142-492: The United States accelerated an already ongoing shift in the FCC towards a decidedly more market-oriented stance. A number of regulations felt to be outdated were removed, most controversially the Fairness Doctrine in 1987. In terms of indecency fines, there was no action taken by the FCC on the case FCC v. Pacifica until 1987, about ten years after the landmark United States Supreme Court decision that defined

2205-553: The United States. The FCC maintains jurisdiction over the areas of broadband access , fair competition , radio frequency use, media responsibility, public safety, and homeland security . The FCC was formed by the Communications Act of 1934 to replace the radio regulation functions of the previous Federal Radio Commission . The FCC took over wire communication regulation from the Interstate Commerce Commission . The FCC's mandated jurisdiction covers

2268-591: The allocation of channels to the emerging UHF technology and the eagerly awaited possibilities of color television were debated, the FCC's re-allocation map of stations did not come until April 1952, with July 1, 1952, as the official beginning of licensing new stations. Other FCC actions hurt the fledgling DuMont and ABC networks. American Telephone and Telegraph (AT&T) forced television coaxial cable users to rent additional radio long lines , discriminating against DuMont, which had no radio network operation. DuMont and ABC protested AT&T's television policies to

2331-438: The appointment of their replacements. However, they may not serve beyond the end of the next session of Congress following term expiration. In practice, this means that commissioners may serve up to 1 + 1 ⁄ 2 years beyond the official term expiration listed above if no replacement is appointed. This would end on the date that Congress adjourns its annual session, generally no later than noon on January 3. The FCC

2394-498: The basic principles of open internet established in 2005, but they embody specific language that regulates fixed-line broadband more closely than wireless internet . The reason that “wireless carriers are regulated far more loosely ” is because by the virtue of their service, these carriers are much more constrained than fixed-line connections. FCC officials claim that technical limitations of wireless internet necessitate looser regulations. The FCC's net neutrality R&O put forward

2457-572: The book value of AT&T by approximately 70%. The FCC initially exempted "information services" such as broadband Internet access from regulation under Title II. The FCC held that information services were distinct from telecommunications services that are subject to common carrier regulation. However, Section 706 of the Telecommunications Act of 1996 required the FCC to help accelerate deployment of "advanced telecommunications capability" which included high-quality voice, data, graphics, and video, and to regularly assess its availability. In August 2015,

2520-444: The commission in 1934 comprised the following seven members: The complete list of commissioners is available on the FCC website. Frieda B. Hennock (D-NY) was the first female commissioner of the FCC in 1948. The FCC regulates broadcast stations, repeater stations as well as commercial broadcasting operators who operate and repair certain radiotelephone , radio and television stations. Broadcast licenses are to be renewed if

2583-414: The conversion, Congress established a federally sponsored DTV Converter Box Coupon Program for two free converters per household. The FCC regulates telecommunications services under Title II of the Communications Act of 1934. Title II imposes common carrier regulation under which carriers offering their services to the general public must provide services to all customers and may not discriminate based on

Federal Communications Commission Open Internet Order (2010) - Misplaced Pages Continue

2646-421: The end of November 1952. The Sixth Report and Order required some existing television stations to change channels, but only a few existing VHF stations were required to move to UHF, and a handful of VHF channels were deleted altogether in smaller media markets like Peoria , Fresno , Bakersfield and Fort Wayne, Indiana to create markets which were UHF "islands." The report also set aside a number of channels for

2709-489: The end of the digital television transition. After delaying the original deadlines of 2006, 2008, and eventually February 17, 2009, on concerns about elderly and rural folk, on June 12, 2009, all full-power analog terrestrial TV licenses in the U.S. were terminated as part of the DTV transition , leaving terrestrial television available only from digital channels and a few low-power LPTV stations. To help U.S. consumers through

2772-423: The fine ten times over the previous maximum of $ 32,500 per violation. The FCC has established rules limiting the national share of media ownership of broadcast radio or television stations. It has also established cross-ownership rules limiting ownership of a newspaper and broadcast station in the same market, in order to ensure a diversity of viewpoints in each market and serve the needs of each local market. In

2835-598: The first post-Freeze construction permits. KFEL (now KWGN-TV )'s first regular telecast was on July 21, 1952. In 1996, Congress enacted the Telecommunications Act of 1996 , in the wake of the breakup of AT&T resulting from the U.S. Department of Justice's antitrust suit against AT&T. The legislation attempted to create more competition in local telephone service by requiring Incumbent Local Exchange Carriers to provide access to their facilities for Competitive Local Exchange Carriers . This policy has thus far had limited success and much criticism. The development of

2898-400: The following rules to govern non-discrimination online: The issue at stake regarding Open Internet is whether the government should regulate internet access or whether the internet is best left to flourish unregulated. In April 2010, these arguments were tested in court, pitting Comcast against FCC regulators. A federal appeals court for the District of Columbia ruled in favor of Comcast in

2961-435: The house floor with bi-partisan support, and unanimous support of the FCC. By passing the Telecommunications Act of 1996, Congress also eliminated the cap on the number of radio stations any one entity could own nationwide and also substantially loosened local radio station ownership restrictions. Substantial radio consolidation followed. Restrictions on ownership of television stations were also loosened. Public comments to

3024-446: The identity of the customer or the content of the communication. This is similar to and adapted from the regulation of transportation providers (railroad, airline, shipping, etc.) and some public utilities. Wireless carriers providing telecommunications services are also generally subject to Title II regulation except as exempted by the FCC. The FCC regulates interstate telephone services under Title II. The Telecommunications Act of 1996

3087-527: The largest U.S. city without a TV station by 1952. Senator Edwin Johnson (D-Colorado), chair of the Senate's Interstate and Foreign Commerce Committee , had made it his personal mission to make Denver the first post-Freeze station. The senator had pressured the FCC, and proved ultimately successful as the first new station (a VHF station) came on-line a remarkable ten days after the commission formally announced

3150-492: The move was done to improve the FCC's "coordination across the federal government" and to "support the 21st-century satellite industry." The decision to establish the Space Bureau was reportedly done to improve the agency's capacity to regulate Satellite Internet access . The new bureau officially launched on April 11, 2023. The commissioners of the FCC are: The initial group of FCC commissioners after establishment of

3213-419: The needs of law enforcement; Consumers are entitled to connect their choice of legal devices that do not harm the network; Consumers are entitled to competition among network providers, application and service providers, and content providers. However, broadband providers were permitted to engage in "reasonable network management." Michael Powell (attorney) Too Many Requests If you report this error to

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3276-503: The negative effects of media concentration and consolidation on racial-ethnic diversity in staffing and programming. At these Latino town hall meetings, the issue of the FCC's lax monitoring of obscene and pornographic material in Spanish-language radio and the lack of racial and national-origin diversity among Latino staff in Spanish-language television were other major themes. President Barack Obama appointed Mark Lloyd to

3339-482: The newly emerging field of educational television , which hindered struggling ABC and DuMont 's quest for affiliates in the more desirable markets where VHF channels were reserved for non-commercial use. The Sixth Report and Order also provided for the "intermixture" of VHF and UHF channels in most markets; UHF transmitters in the 1950s were not yet powerful enough, nor receivers sensitive enough (if they included UHF tuners at all - they were not formally required until

3402-584: The passage of the Communications Act of 1934, that the inherent scarcity of radio spectrum allows the government to impose some types of content restrictions on broadcast license holders notwithstanding the First Amendment. Cable and satellite providers are also subject to some content regulations under Title VI of the Communications Act such as the prohibition on obscenity, although the limitations are not as restrictive compared to broadcast stations. The 1981 inauguration of Ronald Reagan as President of

3465-473: The power of the FCC over indecent material as applied to broadcasting. After the 1990s had passed, the FCC began to increase its censorship and enforcement of indecency regulations in the early 2000s to include a response to the Janet Jackson " wardrobe malfunction " that occurred during the halftime show of Super Bowl XXXVIII . Then on June 15, 2006, President George W. Bush signed into law

3528-437: The rule as well because they claim that it does not go far enough. Prior to the passage of the regulations, The Progressive Change Campaign Committee attacked Democratic FCC Commissioner Michael Copps, saying "Internet users across America will have lost a hero if Commissioner Copps caves to pressure from big business and supports FCC Chairman Genachowski's fake Net Neutrality rules — rules written by AT&T, Comcast, and Verizon,

3591-960: The second half of 2006, groups such as the National Hispanic Media Coalition, the National Latino Media Council, the National Association of Hispanic Journalists, the National Institute for Latino Policy , the League of United Latin American Citizens (LULAC) and others held town hall meetings in California, New York and Texas on media diversity as its effects Latinos and minority communities. They documented widespread and deeply felt community concerns about

3654-435: The station meets the "public interest, convenience, or necessity". The FCC's enforcement powers include fines and broadcast license revocation (see FCC MB Docket 04-232). Burden of proof would be on the complainant in a petition to deny. The FCC first promulgated rules for cable television in 1965, with cable and satellite television now regulated by the FCC under Title VI of the Communications Act. Congress added Title VI in

3717-463: The very companies the public is depending on the FCC to regulate strongly." In his defense, Copps did not fully support the measure; however, he did feel as though it was a step in the right direction towards Net Neutrality. He said that “The item we will vote on tomorrow is not the one I would have crafted, but I believe we have been able to make the current iteration better than what was originally circulated. If vigilantly and vigorously implemented by

3780-436: The viability of net neutrality, the FCC approved Open Internet on December 21, 2010. The Open Internet Order "creates two classes of internet access , one for fixed-line providers and the other for the wireless Net." These regulations adopt an aggressive net neutrality stance towards fixed line broadband providers but a more lenient approach towards wireless providers . They follow three specific rules: These rules follow

3843-441: Was forced to divest all TV stations. To facilitate the adoption of digital television, the FCC issued a second digital TV (DTV) channel to each holder of an analog TV station license. All stations were required to buy and install all new equipment ( transmitters , TV antennas, and even entirely new broadcast towers ), and operate for years on both channels. Each licensee was required to return one of their two channels following

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3906-416: Was opposed by the FCC's two Republican officials, Robert McDowell and Meredith Attwell Baker . They believe that the current order will stifle internet innovation. They also believe that the regulation will not hold up to judicial review . McDowell himself believes that the FCC "is defying the court and also circumventing the will of Congress." Democrats and left-leaning organizations are disappointed with

3969-471: Was the first major legislative reform since the 1934 act and took several steps to de-regulate the telephone market and promote competition in both the local and long-distance marketplace. The important relationship of the FCC and the American Telephone and Telegraph (AT&T) Company evolved over the decades. For many years, the FCC and state officials agreed to regulate the telephone system as

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