dc circuit – DIYmedia

The heads of policy peeps just about exploded last month after the D.C. Circuit Court of Appeals struck down the FCC’s authority to stop internet service providers from conducting data discrimination (violating the informal principle popularly known as “network neutrality“). A couple of weeks of hand-wringing later, and FCC Chairman Julius Genachowski releases a statement outlining his plans to re-empower the agency to regulate the way by which ISPs manage their network traffic.
It’s a somewhat arcane policy principle, but in plain English it breaks down like this: the FCC classifies network service providers in one of two ways – telecommunications providers and information service providers. Telecommunications providers (like old-skool telephony) are subject to “common carriage” rules – this means the networks must not refuse interconnection, cannot discriminate against other carriers and customers, and cannot refuse the use of non-destructive applications on their networks. Information service providers, on the other hand, do not fall under the common carriage paradigm. Continue reading “Net Neutrality: Thanks For The Memories?”

Late last week, the D.C. Circuit Court of Appeals dismissed the National Association of Broadcasters’ appeal to have FCC-tweaks made over the years to the LPFM service thrown away. In a nutshell, the NAB claimed that the FCC’s moves to make LPFM stations more equal to others on the dial, and to provide remedial efforts in the case where an LPFM’s existence is in jeopardy by another (larger) station, overstepped the statutory bounds of the LPFM service as dictated by Congress in 2001.
In an 18-page ruling, the D.C. Circuit basically tells the NAB to stuff it: “Congress did not intend to restrain the Commission’s authority to respond to new circumstances potentially threatening LPFM stations other than with respect to third-adjacent channel minimum separation requirements.” Administratively, the Court could find no grounds to back the NAB’s objections. Radio World says the trade organization “is studying the decision and its options,” but the smart money is this horse is dead. Continue reading “LPFM: Offensive and Defensive Victories”