Net Neutrality For All, Part 3

You can read Part 1 of this article here.
You can read Part 2 of this article here.

Gateway Neutrality

Within the American Recovery and Reinvestment Act of 2009 exists Title VI SEC. 6001(j).[26] This describes the non-discrimination and interconnection mandate which must be followed to obtain stimulus funds as a grantee, part of which is the adherence to the FCC Policy Statement on Broadband.[27] This FCC policy statement is a point-by-point description of the commission?s definition of net neutrality.? While there are no specific details regarding the rigidity with which these policies would be enforced, traffic shaping is generally considered a violation of net neutrality principle.? The result of which is that network operators will not be able to alter packet transfer to best suit the needs of their customer base.? An example of this is the recent announcement by Cox Cable to introduce a new traffic management system.[28] Neutrality proponents disagree with this type of active management because it does not treat each and every packet equally.? This is the common nature of the Internet.? As Richard Bennett, a network architect who has testified before the FCC, describes it, ?In its essence, the Internet is a resource contention system that should, in most cases, resolve competing demands for bandwidth in favor of customer perception and experience. When I testified at the FCC?s first hearing on network management practices last February, I spent half my time on this point and all other witnesses agreed with me: applications have diverse needs, and the network should do its best to meet all of them. That?s what we expect from a ?multi-purpose network?, after all.?[29] At some point in the neutrality debate, the lines of argument were confused, and neutrality in packet transfer became equivalent to protecting the end user and providing them the best experience.? In actuality, an ISP that can manage traffic in real time as they monitor their own network provides the best experience for the consumer.? Imagine if fire trucks and ambulances were regulated to obey the same traffic laws that standard commuters are forced to obey?? Obviously in those cases we are dealing with emergency situations, but the principle still applies.? A network manager can see traffic conditions in real time, and can prioritize those time sensitive packets like an ambulance through street traffic allowing the application to work correctly and seamlessly on the end users side.? Innovative techniques and technologies like these will be limited or disallowed under imposed net neutrality regulation that will be enforced in broadband stimulus legislation.? Furthermore, networks built with government funding could find themselves at the will of government censorship creating First Amendment violations.

Additionally this implementation could ease the enforcement of neutrality rules on other public or private networks acting as a ?gateway drug?.? This would be similar to the voluntary neutrality regulation passed in Norway recently.[30] At some point, when the voluntary policy has obtained enough big market player signatures, passage of enforced, involuntary regulation will quickly follow.

The Keynesian Assumption

At the root of the Obama stimulus, even in regards to broadband, the plan is still Keynesian.? The government will still be taking in taxes to pay for what it believes will stimulate the economy.? They will be dictating what areas networks should be built in, pre-determining that they will be successful promoters of economic stimulus and wealth creation, and ultimately determining the technological and innovation side future of the Internet in part or in whole.? When looking at the data, and the growing market saturation of broadband usage, it appears that the majority of those who desire broadband services and have access to them have joined.? ISP?s know this and recognize the consumer desire for those services.? They will, without a shadow of a doubt, extend their services into rural areas that show a need for broadband access when the market is suitable to expand into those areas.

To be concluded…
Part 4

-nick