FCC and Net Neutrality: What You Need to Know Before Today's Big Meeting
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FCC chairman Tom Wheeler has heard the roar of criticism that corresponded with the initial leak of the rules, even
opening up the possibility of reclassifying broadband as a public utility. This is considered the "
nuclear option," in that it would mean broadband is subject to stricter regulations and gives the FCC a clear mandate to ban pay-for-speed deals.
After the FCC airs the proposed rules on Thursday, a period follows in which the agency will solicit suggestions of how to make sure the regulation prevents companies from entering into deals that put other websites at a disadvantage.
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The key phrase that has been tossed around is "commercially reasonable." Any agreement between an ISP and a content provider, say Comcast and ESPN, for preferential treatment will be overseen by the FCC. The FCC says it will hold these deals to a "commercially reasonable" standard.
What does "commercially reasonable" mean?
This is the crux of the issue. Whatever "commercially reasonable" comes to mean will be important to Internet's future. Companies on both sides are expected to lobby hard to push this to the extremes.
The phrase itself means little. It will be up to representatives for the companies and the FCC to argue over future deals, each of which will set precedents that form the actual boundaries of "commercially reasonable."
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