Those were the topics we covered on tonight’s show.
We started with the sad news that the Obama administration is, once again, letting us down. During the campaign and throughout the first year of the Obama presidency, Net Neutrality was the signature communications/technology issue. When an appeals court last month said that the FCC didn’t have jurisdiction over broadband, the response was swift and certain that they’d take care of that. Now, not so much!
The Washington Post reported that Federal Communications Commission Chairman Julius Genachowski is “leaning toward” a decision not to “reclassify” broadband to re-establish FCC authority over the nation’s Internet service providers. Seriously?!?
Free Press Executive Director Josh Silver made the following statement:
“We simply cannot believe that Julius Genachowski would consider going down this path. Failing to reclassify broadband means the FCC is abandoning the signature communications and technology issues of the Obama administration. Such a decision would destroy Net Neutrality. It would deeply undermine the FCC’s ability to ensure universal Internet access for rural, low-income and disabled Americans. It will undermine the FCC’s ability to protect consumers from price-gouging and invasions of privacy.
”If Chairman Genachowski fails to re-establish the FCC authority to protect Internet users, he will be allowing companies like Comcast, AT&T and Verizon to slow down, block or censor content at will. They can block any website, any blog post, any tweet, any outreach by a political campaign — and the FCC would be powerless to stop them. Without reclassification, nearly every broadband-related decision the agency makes from here forward will be aggressively challenged in court, and the FCC will likely lose.
“The phone and cable companies know this, which is why they’re going all out to keep the FCC from doing so. Genachowski should not buckle to phone and cable industry pressure, but it will take courage to stand up to one of the biggest lobbying juggernauts in Washington. It’s not too late — and the public is watching.”
“This decision facing the FCC chairman is about more than one single issue, or even a broken promise to the American people. If the FCC fails to stand with the public, it will be the end of the Internet as we know it.”
Tim Karr, campaign director of Free Press and SaveTheInternet.com joined me to talk about the issue. Listen to our interview by clicking the player at the top of the page, and read his thoughts from Huffington Post–Netroots to Obama FCC: Inaction is Not an Option.
Viewers of the show on the ustream feed were able to see this video, which does a surprisingly good job of explaining the importance of Net Neutrality. Enjoy:
Next up was Congressman Kendrick Meek, who is a candidate for US Senate from Florida. He’s the third of the Florida three-way whose name most Americans (or Floridians, for that matter) don’t know! He happens to be my congressman here in Florida… We only had a few minutes, as he was heading into the Capital for a vote, but did promise that he’d come back and try to answer more of my questions another time.
We got a news update from Ellen Ratner at the Talk Radio News Service.
And we wrapped up the show with Jason Leopold of truthout.org, who’s written a couple of must-read pieces on BP in recent days: Whistleblower: BP Risks More Massive Catastrophes in Gulf, and OSHA: Ongoing Safety Violations at BP’s US Refineries Endanger Employees’ Lives.
Post article, not the voices posttech blog, link stopped working. Here’s a paste from the printer-ready link.
FCC will seek to regulate Internet providers
By Cecilia Kang
Washington Post Staff Writer
Thursday, May 6, 2010; A14
The chairman of the Federal Communications Commission plans to seek clear-cut powers to regulate Internet service providers, redefining the government’s role over at least parts of the fast-growing industry.
The proposal, to be announced Thursday, is expected to be opposed by broadband network operators such as AT&T, Comcast and Verizon, whose Internet access businesses are becoming their main source of revenue as consumers rely on the Web as a primary communication tool.
Internet companies such as Google and Skype and public interest groups are applauding the move because it would allow the FCC to carry out policies to expand broadband access nationwide. The groups also support the commission’s efforts to create a regulation that would force broadband service providers to treat all applications equally over high-speed Internet networks, a concept known as net neutrality.
A senior FCC official said Wednesday that Chairman Julius Genachowski’s move would be a “third way,” between the industry’s current state of deregulation and a more comprehensive regulatory approach. Broadband is now defined as an information service with weak FCC oversight. The proposal would put Internet service providers in a category with telephone service, which is more clearly under the agency’s authority.
However, the move would stop short of subjecting Internet providers to the full range of requirements imposed on telecom companies, such as oversight of price and billing practices or a rule that would force network providers to share lines with competitors. It also would govern only the companies that own the networks, not the services they transmit.
Last month, a federal court cast doubt on the FCC’s authority over the Internet, ruling that the agency overstepped its bounds when it sanctioned Comcast in 2008 for blocking an Internet application that the company said was slowing broadband service.
“The Chairman will seek to restore the status quo as it existed prior to the court decision in order to fulfill the previously stated agenda of extending broadband to all Americans, protecting consumers, ensuring fair competition, and preserving a free and open Internet,” the FCC official said in a statement.
Sources said Genachowski appeared to have shifted from late last week, when The Washington Post reported that it looked like he was inclined to keep broadband services deregulated.
Two sources with knowledge of the discussions in the FCC this week said a letter that Sen. John D. Rockefeller IV (D-W.Va.) and Rep. Henry A. Waxman (D-Calif.) sent to Genachowski on Wednesday provided political support for the agency to shift Internet lines to a more regulatory framework. The lawmakers said they could support defining broadband as a telecommunications service if the FCC stripped Internet access providers of some of the rules that apply to phone companies.
The sources spoke on the condition of anonymity because of the sensitive nature of the topic and because Genachowski hasn’t officially commented on his decision.
Corporate opposition is sure to be fierce to what some view as a strong move to regulate Internet companies.
“If the goal is maximizing broadband deployment and adoption . . . new regulations such as these will not help,” said Bruce Mehlman, co-chairman of the Internet Innovation Alliance, an industry group. “This sounds more like a political solution likely to imperil investment than a policy initiative that tackles actual challenges in the marketplace.”
Susan Crawford, a law professor at the University of Michigan and a former economic adviser to President Obama, said the move would be a good middle ground for the commission.
“The FCC has clearly thought through all the implications of using its regulatory authority to provide for a level playing field for innovation and job creation in America,” she said. “The FCC has reached the right result.”
Genachowski’s office and general counsel briefed officials Wednesday on his decision. Michael Copps and Mignon Clyburn, Democratic members of the commission, have said they would support a proposal to reclassify broadband, which would give Genachowski enough votes to move forward on the plan.
The proposal must be opened to public comment and then would need three out of five FCC votes to be approved.
http://www.washingtonpost.com/wp-dyn/content/article/AR20100505323.html
voices.washingtonpost.com/posttech/2010/05/fcc_chair_to_classify_portions.html?wprss=posttech
Excerpt from voices posttech blog post by Cecilia Kang below and link to article in print edition below. Julius Genachowski is finding a middle path or third way like Pres Clinton and former UK PM Tony Blair did instead of being as boldly progressive as Rethuglicans are boldly conservative. Rethugs will criticize anything Dems do and Dems in elected and appointed office still don’t realize it and try to mollify Rethugs. Frustrating to progressives again, but if and when Rethugs in power again, Dems can push back at least (they should push back now instead of leaving it all to progressive radio shows like Nicole’s) that they were conciliatory and Rethugs never missed an opportunity to miss an opportunity to put politics aside and help govern.
Rethugs name-calling of socialism, statism, fascism is simply caricature to rally their base or GOTV efforts. Rethugs were taking the Bush Doctrine of preemptive actual war into political war and preemptively accusing Democrats of doing things they had no intention of doing (the government takeover distortions of bridge loans to car cos. and TARP money to and equity purchases of banks) to intimidate them from doing what they weren’t going to do. People will be too riled up to notice that the Fed govt is SELLING its equity stakes in at least Citibank at a profit that will bring down the deficits the Kochbaggers whine about.
The Kochparties (I call them that because Koch Industries is funding them through Americans for Prosperity (read April 2009 blog entries of thinkprogress blog for background) will vanish if and when, God forbid, Rethugs get back to power or even cut Dem majorities in House to 30 seats or less and Senate from 16 seat 57-41 2 Independents to 54-44 2 Independents. Just like the Term Limits, throw the rascals out movement from 1990-94 disappeared after Rethugs won Congress. Only post-1994 impact was term limits for committee chairman and term limits in states like Florida that wouldn’t allow Marco Rubio to stay in Florida House until election defeat instead possibly foisting him on the USA Senate. Go Charlie Crist or Kendrick Meek. If Meek can’t show enough fundraised money or poll support over 20% he should drop out and endorse Crist who is better known and has won statewide elections. Crist should hire Meek as a staff person (and use his knowledge of Congress procedures to help Crist with getting House support for any bills introduced particularly for Florida benefit) until Meek wants to run for Congress again.
Update to May 4 program. Apparently netroots activism has persuaded Julius Genachowski to reclassify broadband for easier FCC regulation. I found article in May 6, 2010 print edition when I bought a copy of Wash Post in an Upper NW DC drugstore then I went online and found the post tech blog entry. I was only a half-Luddite news consumer who also has RSS feeds in my browser. I have read Wash Post by RSS for last 2 years except for Sunday home delivery and occasional weekday purchases like today. Saturday Post is best day of week to read with Friday document dumps printed when people distracted with weekend leisure but they don’t offer Saturday only subscriptions. Anyone know anything about how progressive Susan Crawford, the faculty member quoted below, is? Maybe she left administration out of progressive frustration.
http://www.washingtonpost.com/wp-dyn/content/article/2010/05/05/AR2010050505323.html
http://voices.washingtonpost.com/posttech/2010/05/fcc_chair_to_classify_portions.html?wprss=posttech
Sources said Genachowski appeared to have shifted his thinking from late last week, when it looked like he was not inclined to make such a move. Broadband service providers and the two Republican commissioners have warned against reclassifying broadband. They said doing so would create more regulatory burden from broadband providers. One source with knowledge of the discussions in the FCC this week said a letter from Sen. Jay Rockefeller (D-W.Va.) and Rep. Henry Waxman (D-Calif.) supporting reclassification provided political support for the FCC to shift Internet lines to a more regulatory framework but with lighter regulations. The lawmakers said if the FCC defined broadband as a telecommunications service, it would have to strip Internet access providers of rules that apply to phone companies. The move will be unpopular among broadband service providers and Republicans ahead of elections this fall.
An FCC official said in a statement that the agency’s move will be somewhere between deregulation, the state of broadband services today, and a more regulatory approach.
“The Chairman will outline a ‘third way’ approach between a weak Title I and a needlessly burdensome Title II approach. It would 1) apply to broadband transmission service only the small handful of Title II provisions that, prior to the Comcast decision, were widely believed to be within the Commission’s purview, and 2) would have broad up-front forbearance and meaningful boundaries to guard against regulatory overreach,” the official said in a statement.
Currently broadband is categorized as a Title I information service with weak FCC oversight. Some proponents of net neutrality have called for the FCC to reclassify those services as a Title II common carrier service, which is more clearly under the FCC’s authority.
The decision comes after a federal court decision created strong doubts that the FCC would be able to carry out portions of its national broadband plan and its proposed net neutrality rule, which would require all broadband providers to treat traffic equally on their networks.
“The Chairman will seek to restore the status quo as it existed prior to the court decision in order to fulfill the previously stated agenda of extending broadband to all Americans, protecting consumers, ensuring fair competition, and preserving a free and open Internet,” the official said in a statement.
Proponents of reclassification said the move appeared to be a change of position after key lawmamkers and a grass-roots campaign called for Genachowski to reclassify broadband services.
And Susan Crawford, a law professor at the University of Michigan and former economic adviser to President Obama said the move is a good middle ground for the FCC.
“The FCC has clearly thought through all the implications of using its regulatory authority to provide for a a level playing field for innovation and job creation in America,” Crawford said. “The FCC has reached the right result.”
Genachowski’s office and general counsel are briefing officials Wednesday on his decision. Democratic Commissioners Michael Copps and Mignon Clyburn have said they would support a proposal by Genachowski to reclassify broadband.