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The DC Circuit didn't tell the FCC to turn back. It has a job to
do–promoting the spread of high-speed networking, and ensuring that
it is affordable by growing numbers of people–and it just has to find
the right tool for the job.
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summarized the public FCC hearing
about bandwidth at the Harvard Law School, and referred readers to a
more comprehensive background article.
In this article I’ll highlight some of the rhetoric at the meeting,
which shows that network providers’ traffic shaping is no more
sophisticated or devious than the shaping of public perceptions by
policy-makers and advocates.
The mere announcement of an FCC hearing on “broadband network
management practices” was a notch in the gun of network neutrality
advocates. Yet to a large extent, the panelists and speakers were like
petitioners who are denied access to the king and can only bring their
complaints to the gardeners who decorate the paths outside his gate. I
wrote a major
analysis two years ago
that I really think still stands as an accurate representation of the
issues. What we’ll end up getting is a formal endorsement of
non-discrimination as a policy that Internet providers must follow,
leading to continual FCC review of current practices by telecom and