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Open Commission Meeting – June 17, 2010

The Federal Communications Commission will hold an Open Meeting in Washington, DC. on June 17, 2010, which includes the following items:

Framework for Broadband Internet Service NOI: A Notice of Inquiry to begin an open, public process to consider possible legal frameworks for broadband Internet services in order to promote innovation and investment, protect and empower consumers, and bring the benefits of broadband to all Americans.

Background: Until the recent decision of the U.S. Court of Appeals for the D.C. Circuit in Comcast Corp. v. FCC, the Commission’s approach to broadband Internet service combined minimal regulation with meaningful agency oversight.  The Comcast opinion, however, cast serious doubt on prior understandings about the FCC’s ability to ensure fair competition and provide consumers with basic protections when they use today’s broadband Internet services.  Moreover, nearly a decade has passed since the Commission gathered the record on which the current legal classification of broadband Internet service is based; Congress has recently reaffirmed the FCC’s limited-but-vital role with respect to broadband; and the Commission has fulfilled Congress’s mandate to develop a National Broadband Plan recommending specific agency actions to encourage deployment and adoption.

In light of these developments, the Notice asks for public comment on questions including:

  • • Whether the Commission’s “information service” classification of broadband Internet service remains legally sound and adequate to support effective performance of the Commission’s responsibilities;
  • • The legal and practical consequences of classifying broadband Internet connectivity as a “telecommunications service” to which all the requirements of Title II of the Communications Act would apply; and
  • • A possible “third way” under which the Commission would reaffirm that the Internet remains unregulated and Internet-based information services remain generally unregulated under Title I of the Communications Act; identify the Internet connectivity service that is offered as part of wired broadband Internet service as a telecommunications service; and forbear under Section 10 of the Act from applying all provisions of Title II other than the small number that are needed to implement fundamental universal service, competition, and consumer protection policies.

The Notice also seeks comment on the appropriate classification of terrestrial wireless and satellite broadband Internet services, as well other issues.

The Open Meeting is scheduled to commence at 10:30 a.m. in Room TW-C305, at 445 12th Street, S.W., Washington, D.C. The event will be shown live at FCC.gov/live.

Meeting Documents

FCC to Seek Best Legal Framework for Broadband Internet Access.
News Release
NOI
Genachowski Statement
Copps Statement
McDowell Statement
Clyburn Statement
Baker Statement

NOI Presentation
Presentation - Legal Framework for Broadband Internet Service

Background Documents

News Release - FCC Announces Tentative Agenda for June 17th Open Meeting

Public Notice - Sunshine Notice

National Broadband Plan

Related Websites

May 20, 2010 Open Commission MeetingThe May Open meeting discussion items included mobile wireless competition report, WCS-SDARS report and order, e-rate NPRM, pole attachments order and FNPRM, local number portability report and order.

April 21, 2010 Open Commission MeetingThe April Open meeting proposed several NPRMs and NOIs regarding broadband deployment and availability, smart video, CableCARD rules, and a cybersecurity certification.

March 16, 2010 Open Commission MeetingThe March Open Meeting included the presentation of the National Broadband Plan.

National Broadband Plan - Broadband.gov