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Can and/or should incumbent telecoms providers have the freedom to censor or throttle services provided by third parties using their infrastructure?

VoIP remains at the forefront of the fierce debate over this issue – known as net neutrality — following a filing by AT&T with the FCC in which the telecoms firm maintains its stance on the answer to that question: Yes.

The argument centers on the application of Title II to the current structure of broadband deployment. New rules introduced by the FCC in 2015 were designed to ensure that the internet would not be bogged down by censorship or throttling, including the prospect of toll fees for content providers. At that time, the federal agency classified broadband as a Title II communication service, deeming providers as “common carriers” rather than as “information providers.”

However, the new FCC chairman named by President Trump, Ajit Varadaraj Pai, is considering repealing the FCC’s current net neutrality stance.

In its filing, AT&T argues that Title II does not apply to the way broadband is currently offered. “Far from demonstrating the need for full-blown common carrier regulation,” the telecom insists, referring to numerous anecdotes of suppression, “those incidents suggest that non-binding no-blocking/no-throttling principles are sufficient to address any lingering concerns about blocking or throttling.”

Title II proponents counter that without its protections, large wireline broadband providers can acquire the power to serve as gatekeepers, with scope not only to harm the interests of consumers but also to interfere with internet traffic to the detriment of edge providers.

USTelecom, another incumbent provider, says it is seeking a more modern, durable and effective solution and does not regard Title II as that solution, particularly because, they say, it does not take into account “the costs and benefits inherent to rules that encompass outdated legacy service restrictions and requirements.”

Concern is widespread that the repeal of the existing rules will provide larger telcos with an opportunity to put in place a regime benefiting the established large companies and could harm the continued growth of VoIP services.

Key Takeaways:

• In July, Verizon and AT&T both claimed they would fully support net neutrality.

• Will Johnson, AT&T SVP of federal and regulatory affairs, urged Congress to pass legislation guaranteeing net neutrality.

• The FCC has received a staggering 21.9 million filings responding to its Restoring Internet Freedom docket, which would end net neutrality, clearly surpassing the 4 million it received prior to the adoption of the 2015 rules.

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