Net Neutrality: Background and Issues Page: 2 of 5
This report is part of the collection entitled: Congressional Research Service Reports and was provided to UNT Digital Library by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
CRS-2
treatment, is referred to as "net neutrality." There is no single accepted definition of "net
neutrality." However, most agree that any such definition should include the general
principles that owners of the networks that compose and provide access to the Internet
should not control how consumers lawfully use that network; and should not be able to
discriminate against content provider access to that network.
What, if any, action should be taken to ensure "net neutrality" has become a major
focal point in the debate over broadband, or high-speed Internet access, regulation. As the
marketplace for broadband continues to evolve, some contend that no new regulations are
needed, and if enacted will slow deployment of and access to the Internet, as well as limit
innovation. Others, however, contend that the consolidation and diversification of
broadband providers into content providers has the potential to lead to discriminatory
behaviors which conflict with net neutrality principles. The two potential behaviors most
often cited are the network providers' ability to control access to and the pricing of
broadband facilities, and the incentive to favor network-owned content, thereby placing
unaffiliated content providers at a competitive disadvantage.1
In 2005 two major actions dramatically changed the regulatory landscape as it
applied to broadband services, further fueling the net neutrality debate. In both cases these
actions led to the classification of broadband Internet access services as Title I
information services, thereby subjecting them to a less rigorous regulatory framework
than those services classified as telecommunications services. In the first action, the US
Supreme Court, in a June 2005 decision (National Cable & Telecommunications
Association v. Brand X Internet Services), upheld the Federal Communications
Commission's (FCC) 2002 ruling that the provision of cable modem service (i.e., cable
television broadband Internet) is an interstate information service and is therefore subject
to the less stringent regulatory regime under Title I of the Communications Act of 1934.2
In a second action, the FCC in an August 5, 2005 decision, extended the same regulatory
relief to telephone company Internet access services (i.e., wireline broadband Internet
access, or DSL), thereby also defining such services as information services subject to
Title I regulation.3 As a result neither telephone companies nor cable companies, when
providing broadband services, are required to adhere to the more stringent regulatory
regime for telecommunications services found under Title II (common carrier) of the 1934
Act.4 However, classification as an information service does not free the service from
1 The practice of consumer tiering, that is the charging of different rates to subscribers based on
access speed, is not the concern. Access tiering, that is the charging of different fees, or the
establishment of different terms and conditions to content, services, or applications providers for
access to the broadband pipe is the focus of the net neutrality policy debate.
2 47U.S.C. 151 et seq. For a full discussion of the Brand X decision see CRS Report RL32985,
Defining Cable Broadband Internet Access Service: Background and Analysis of the Supreme
Court's Brand X Decision, by Angie A. Welborn and Charles B. Goldfarb.
3 See [http://hraunfoss.fcc.gov/edocspublic/attachmatch/DOC-260433A2.pdf] for a copy of FCC
Chairman Martin's statement. For a summary of the final rule see Appropriate Framework for
Broadband Access to the Internet Over Wireline Facilities. Federal Register, Vol. 70, No. 199,
October, 17, 2005, p. 60222.
4 For example, Title II regulations impose rigorous anti-discrimination, interconnection and
access requirements. For a further discussion of Title I versus Title II regulatory authority see
(continued...)
Upcoming Pages
Here’s what’s next.
Search Inside
This report can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Report.
Net Neutrality: Background and Issues, report, March 13, 2007; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc817230/m1/2/: accessed March 18, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.