New Media Rights FCC comments on Broadband Legal Framework and the "Third Way"

The following is our introduction, and the entire comments are attached below:

New Media Rights and Utility Consumers’ Action Network hereby submit comments (Commenters will be referred to from here forth as “NMR”)to the Notice of Inquiry (NOI) released June 17, 2010 regarding the proposed frameworks for broadband Internet service.

This inquiry into the framework for broadband internet regulation can have a critical impact on our nation’s media and communications future.  Any such inquiry should be approached with caution, and should be conducted as openly as possible with an emphasis on soliciting input from the diverse interests of the American public.  In the face of the recent Comcast decision correctly questioning the Commission’s tenuous reliance on its ancillary, title jurisdiction to regulate the internet, the Commission is right to consider what, if any, jurisdiction Congress as allowed it to exercise over broadband internet.  If the Commission proceeds to reclassify broadband intern under title II, there are numerous implications for consumer protection as well as the future of the internet as a communications technology.

NMR’s comments draw upon Utility Consumers’ Action Network and New Media Rights’ experience advocating for consumers of broadband internet, as well as in advocating for and defending the rights of diverse creators and speakers who depend on an open and innovative internet.  The FCC has a particular challenge in balancing the need for basic consumer protections with the need to avoid regulatory overreach to ensure an open and free internet. The NOI raises an array of inquiries, and NMR will provide comments on the following inquiries:

Discussion of concerns regarding content level regulation and its affect on the generativity of the internet as well as copyright regulation.

Classification of terrestrial wireless broadband services and its impact on Consumer Protection.

Legal and Procedural Considerations Regarding the “Third Way”

Read the full comments on our site here

Comments from a variety of organizations can be found at these links:

Media Access Project Files Comments for Public Interest and Social Justice Groups Calling for Direct FCC Regulation of Broadband Access

PK Third Way in NOI Comments

Future of Media Coaltion  Comments in the FCC's Broadband Legal Framework Proceedings  

Free Press Urges FCC to Restore Broadband Oversight Authority