Devin Coldewey, writing for TechCrunch before the FCC’s proposal was released yesterday:
It is frequently said that the point is not to remove the rules themselves, just change the authority to something a little less heavy-handed.
This is a puzzling assertion to make when the proposal itself asks over and over again whether the “bright line” rules of no blocking, no throttling, etc should be removed. It’s pretty clear that proponents don’t think the rules are necessary and will eliminate them if they can. Just because they frame their preference in the form of a question doesn’t make it any less obvious.
A sort of corollary to this argument is that internet providers will voluntarily adhere to suggested practices. This is a pretty laughable suggestion, and even if it were true, it self-destructs: if companies have no problem subjecting themselves to these restrictions, how can they be as onerous as they say?
We’ll know more about what is and isn’t on the chopping block when the final text of the proposed rules is made available, at which point I’ll update this story.
That weaselly framing has, indeed, persisted in the FCC’s proposal (PDF):
In the Title II Order, despite virtually no quantifiable evidence of consumer harm, the Commission nevertheless determined that it needed bright line rules banning three specific practices by providers of both fixed and mobile broadband Internet access service: blocking, throttling, and paid prioritization. The Commission also “enhanced” the transparency rule by adopting additional disclosure requirements. Today, we revisit these determinations and seek comment on whether we should keep, modify, or eliminate the bright line and transparency rules.
Make no mistake: the FCC is seeking to hamper or eradicate these rules, as Ajit Pai suggested last month, and replace them with a pinky promise.