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Obama urges FCC to take strong steps to protect net neutrality

"Reclassification [as a utility], which for the first time would apply 1930s-era utility regulation to the Internet, would be a radical reversal of course that would in and of itself threaten great harm to an open Internet, competition and innovation," claims Verizon.

By Matt Bradwell

WASHINGTON, Nov. 10 (UPI) -- The Obama administration is publicly urging the Federal Communications Commission to reclassify the Internet as a utility, thus allowing the agency to greater regulate Internet providers and protect net neutrality.

"I am asking the Federal Communications Commission to answer the call of almost 4 million public comments, and implement the strongest possible rules to protect net neutrality," the president said in an official statement.

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"I believe the FCC should create a new set of rules protecting net neutrality and ensuring that neither the cable company nor the phone company will be able to act as a gatekeeper, restricting what you can do or see online."

Obama asked the independent agency to adopt four basic rules for Internet providers: No blocking, no throttling, increased transparency, and no paid prioritization.

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No blocking. If a consumer requests access to a website or service, and the content is legal, your ISP should not be permitted to block it. That way, every player -- not just those commercially affiliated with an ISP -- gets a fair shot at your business.

No throttling. Nor should ISPs be able to intentionally slow down some content or speed up others -- through a process often called "throttling" -- based on the type of service or your ISP's preferences.

Increased transparency. The connection between consumers and ISPs -- the so-called "last mile" -- is not the only place some sites might get special treatment. So, I am also asking the FCC to make full use of the transparency authorities the court recently upheld, and if necessary to apply net neutrality rules to points of interconnection between the ISP and the rest of the Internet.

No paid prioritization. Simply put: No service should be stuck in a "slow lane" because it does not pay a fee. That kind of gatekeeping would undermine the level playing field essential to the Internet's growth. So, as I have before, I am asking for an explicit ban on paid prioritization and any other restriction that has a similar effect.

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"The Internet must not advantage some to the detriment of others," echoed the FCC in a response statement.

"We both oppose Internet fast lanes ... We cannot allow broadband networks to cut special deals to prioritize Internet traffic and harm consumers, competition and innovation."

The FCC said it is examining creating a "hybrid" classification that would incorporate aspects of consumer utility protection while still allowing internet providers to self-regulate.

Most telecommunications providers oppose federal regulation and have promised to fight regulation in court if the FCC chooses to classify the Internet as a utility. Because the hypothetical categorization is new legal territory, the FCC said it needs time to carefully examine the implications and effects of any new rules put in place.

"The more deeply we examined the issues around the various legal options, the more it has become plain that there is more work to do. The reclassification and hybrid approaches before us raise substantive legal questions. We found we would need more time to examine these to ensure that whatever approach is taken, it can withstand any legal challenges it may face. For instance, whether in the context of a hybrid or reclassification approach, Title II brings with it policy issues that run the gamut from privacy to universal service to the ability of federal agencies to protect consumers, as well as legal issues ranging from the ability of Title II to cover mobile services to the concept of applying forbearance on services under Title II."

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"Reclassification [as a utility], which for the first time would apply 1930s-era utility regulation to the Internet, would be a radical reversal of course that would in and of itself threaten great harm to an open Internet, competition and innovation," Verizon said in an official statement.

"That course will likely also face strong legal challenges and would likely not stand up in court," Verizon said in a statement.

Republicans came out against the president's plan, with Senator Ted Cruz, R-Texas leading the charge:

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