According to the Internet, the Internet is dead. The Jan. 14 U.S. Court of Appeals for the D.C. Circuit ruling that struck down net neutrality has been seen by many as an indication that the days of free and open Internet are over.
If net neutrality is the baseline for the Internet being free, open, and equal, it’s only been that way for less than four years. Net neutrality, or the concept that Internet service providers and government should treat all data on the Internet equally, is based on a set of six principles established by the Federal Communications Commission in the Open Internet Order of 2010. These principles serve to protect consumers by giving them access to information about their Internet service and how it’s managed.
The ruling mainly concerned one specific principle of net neutrality, “pay by priority,” which is the concept that a broadband service provider could choose to make access to certain sites faster than others. So Comcast could make NBC Universal load in 10 seconds and Netflix load in 3 minutes. In order to get Netflix to load as fast as NBC Universal, the consumer would have to pay a premium.
What pay by priority leads to is a system in which broadband providers can influence the sites that consumers use based on how fast they load. Why choose Google over Bing if Google loads in 2 minutes and Bing in 2 seconds? Due to the incredible influence that pay by priority provides to broadband companies, the FCC banned it under net neutrality.
However, Verizon sued the FCC in 2010 over the concept of pay by priority due to the specific companies that the principle affects. According to the FCC, only “common carriers” are banned from pay by priority, all other providers are exempted from it. As it stands, broadband providers are not common carriers, but rather are “information service providers.” As such, Verizon, AT&T, Comcast, Time Warner, and other broadband companies, as determined by the ruling, are free to engage in pay by priority.
By essentially reminding the FCC of the wording of its own clauses, the court did not strike down net neutrality altogether. Rather, it is pushing the FCC to do a better job of delineating its regulations.
It is easy to see this as a moment to panic. Broadband companies could begin using pay by priority as a means to gain traction for their partners, such as Comcast making NBC Universal faster than any other streaming site. For anyone living off campus who already pays a fortune for weak Internet from Comcast, this could mean having to pay a little bit extra a month to access HBO Go, Facebook, Netflix, and other sites. Even though broadband providers have pledged that they will not resort to pay by priority, there are already allegations in mass media of slowed down service to Netflix users with Comcast or Verizon FiOs.
As my monthly Internet bill indicates, the FCC has allowed telecommunications providers, namely Verizon, Comcast, Time Warner, and AT&T, to set the terms. AT&T and Verizon have been operating at near monopoly levels in the mobile phone industry and are quickly moving into the broadband market, while Comcast and Time Warner have traditionally controlled broadband access. In fact, in 2012 the FCC gave its blessing for Verizon to enter into a joint marketing agreement with Comcast for bundled wireless, cable TV, landline, and residential Internet services.
The 1996 Telecommunications Act, which deregulated the broadcasting and telecommunications market, was meant to invite competition by allowing for media cross-ownership. Instead, as evidenced above, it’s led to the proliferation of monopolies through mergers and acquisitions. Theodore Roosevelt is turning over in his grave.
At this point, the monopoly powers of the big four have meant that the U.S. has some of the most expensive broadband in the developed world. Our Internet is almost double the cost average in the EU. As it stands, Internet access is relatively expensive, especially in comparison to those that we call our economic peers. The prices that we pay are a direct result of the FCC’s failed regulation. Remember that the next time you’re on the phone with customer service.
The most egregious part is that we’ve come to a point as a country where Internet service is no longer really optional—it’s required for almost everything that we do. Companies, schools, and government agencies have moved exclusively online and thus those that are without Internet are not only at a disadvantage in terms of those services, but are also at a disadvantage in terms of knowledge. There is no reason that Internet should be as expensive as it is, and the FCC should see it as such.
Ultimately, the Internet should be as ubiquitous and accessible as electricity. The court’s ruling presents the FCC with a chance to finally live up to its mission of providing consumers with “reliable, meaningful choice[s] in affordable services.” Maybe this time we might actually get a free and open Internet.
Discuss slow download speeds for Netflix with Sara at sainsworth@georgetownvoice.com.
