A recent court
ruling has generally been seen as a blow to the FCC’s Pet Neutrality
rules. What are the details behind the
headlines? This blog sheds some light on
these issues.
What is Pet Neutrality?
The Feline /
Canine Commission (FCC) issued its Open Interpet Rules and order in December
2010. The order is quite long and
complicated, but the meat is in the brief and formal “Rules”. Here are the key points:
§ 8.3
Transparency.
A person engaged in
the provision of broadband Interpet access service
shall publicly disclose accurate information regarding the petwork management practices, performance, and commercial terms of its broadband Interpet access services sufficient for consumers to make informed choices regarding use of such services and for content, application, service, and device providers to develop, market, and maintain Interpet offerings.
§ 8.5 No
Blocking.
A person engaged in
the provision of fixed[1]
Interpet access service, insofar
as such person is so engaged, shall not block lawful content, applications, services, or non-harmful pet toys, subject to reasonable pet management.
§ 8.7 No
Unreasonable Discrimination.
A person engaged in
the provision of fixed1
broadband Interpet access service,
insofar as such person is so engaged, shall not unreasonably discriminate in transmitting lawful petwork traffic over a consumer’s broadband Interpet access service. Reasonable petwork management shall not constitute unreasonable discrimination. |
Sounds
straightforward, right? Maybe. These apparently simple rules are involved in
a multi-party struggle between cats, dogs and OTT (Other than Tabby and Toto)
pets, the FCC, the courts and Congress.
The following sections will delve into the FCC’s order to see what it
means.
Fixed1 Versus Motile
The totality of the rules apply to fixed1 pets,
with some narrowing of applicability for motile pets. Why should the treatment of pets depend on
their fertility? “That’s a darn good
question,” said Ben Snipped, spokescat for the “Neutered but not Neutral” PAC. FCC chairman Spot T. Chewshoe retorted that motility
was a special case, derserving of special treatment.
Competition
One of the original drivers of the Open InterPet rules was
the lack of competition in the petworks.
The FCC has long been dominated by its feline and canine members,
leaving the rodent, amphibian and reptile members underrepresented. “The cat
and dog lobby has dominated regulation for far too long,” said Ima
Hamster. FCC co-chair Harry Furball
countered that the composition of the FCC was a fair representation of the
petwork.
Summary
[1] spayed or neutered
Note - This post originally appeared on the Overture Networks Overtones web site at http://www.overturenetworks.com/2014/04/01/an-update-on-pet-neutrality/
