Las principales críticas de los opositores de la NN en Estados Unidos.

On the Open Internet order:

  • The Open Internet order evinced a desire to review interconnection agreements. Has the FCC decided upon a protocol for doing so? On one hand, interconnection markets appear robust and competitive. But on the other hand, the decision to reclassify broadband providers under Title II displaced the FTC’s traditional antitrust authority over that aspect of interconnection markets. Do you intend to use an antitrust-based model for reviewing potential interconnection issues? — Daniel Lyons
  • The FCC’s reply brief in the Title II reclassification challenge before the DC Circuit makes false claims about Internet routing, network management, and the Domain Name System (DNS); third party DNS providers such as Google do not really “manage” ISP networks as the brief claims. Consequently, we can say that the 2015 Open Internet Order is based in large part on a defective technical understanding of the way the Internet works. While this weak analysis is disheartening, it’s not entirely unexpected given the preponderance of lawyers and economists over engineers at the agency. What steps can and must the FCC take to improve its technical expertise in the new areas it seeks to regulate, such as the Internet, mobile broadband, and devices that use unlicensed spectrum? — Richard Bennett
  • The FCC is facing nine lawsuits over its Open Internet order, and we are likely looking at multi-year litigation processes. How has the FCC budgeted to address the legal challenges to the Open Internet order and how will it deliver on its priorities? — Roslyn Layton
  • Recent empirical evidence of net neutrality rules in 50 countries shows that the FCC’s so-called virtuous circle does not stimulate innovation at the edge, and that there is no correlation between “openness” and investment. Countries that have implemented net neutrality rules have a lesser degree of edge provider innovation and diversity and have not experienced an increase in investment. The FCC invented a concept that has no academic basis. Why does the FCC continue to promote a policy which is not delivering the results it promises? — Roslyn Layton
  • Sections 201 and 202 of the Communications Act require telecommunications providers to charge just and reasonable rates and avoid unreasonable discrimination. Section 208 allows customers to file Section 201/202-related complaints before the commission and requires the commission to resolve them. In the wireless context, the commission declined to find that a particular rate violated Section 201/202, on the grounds that the wireless market was competitive, and therefore the commission could rely on market forces to discipline carriers. But by defining broadband as 25Mbps down, you have concluded that broadband markets are not similarly competitive. You wrote in the prisoner call order that, without competitive market forces, a default of cost-based regulation should apply. If broadband markets are not competitive, how will you assure that prices are just and reasonable, if not by engaging in cost-based regulation? How will you handle a complaint filed under Section 201? — Daniel Lyons
  • Most countries that create net neutrality rules do them through legislative means. The FCC has chosen another path, one that is unsustainable and legally risky. If the FCC is truly for net neutrality, why hasn’t the commission worked with Congress to come to a legislative solution? — Roslyn Layton
  • Relatedly, the Commission has repeatedly invoked the fact that interest groups succeeded in flooding the Commission’s notice and comment process with millions of form letters and emails. How much weight did the Commission accord to such comments in arriving at its decision, and why? How much weight will be accorded to such input in the future? Are you concerned that the effect is to turn Commission rulemaking into something approaching a referendum, and is that a good thing for policymaking in such complex areas as those overseen by the FCC? — Jeff Eisenach
- See more at: http://www.techpolicydaily.com/internet/fcc-oversight-12-questions-for-tomorrows-hearing/#sthash.klunoHmf.dpuf

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