But there is a clear history. I can show you a history of the ISP's trying to skirt the rules repeatedly. You'll probably choose to conveniently ignore it anyway.
First we have the most recent Comcast-Netflix negotiations where they deliberately slowed Netflix traffic to a crawl. Blackmail anyone?
IN 2004, the
REPUBLICAN Chair of the FCC, Michael Powell, laid out four principles of
Internet Freedom in Preserving Internet Freedom: Guiding Principles for the Industry.
1. Consumers should be able to access content of their choice
2. Run applications of their choice
3. Freely attach devices
4. Obtain good information on the terms of their service plans - no tricking consumers with small print BS.
The ISPs did not challenge these principles directly, but insisted that they did not need to be codified into law because a combination of carrier self-interest and competitive pressures. Yea right
In 2005, we got a real-life example when Madison River, a telecom carrier, blocked an IP Voiceover app offered by a third party because it wanted to offer its own VoIP service. The FCC forced Madison River to back down.
In 2008, Comcast was caught deliberately slowing down P2P connections. The FCC entered an order for them to stop.
Comcast went to court and the FCC lost on the grounds that
it lacked the necessary statutory authority under Title 1.
Court Rules for Comcast in FCC Case
In 2010, The FCC laid out new rules in a
formal order.
They stipulated:
1. Transparency in contract terms - again no small print BS to trick consumers
2. No unreasonable blocking of lawful content, applications, services, or non-harmful devices
3. No unreasonable discrimination.
And
AGAIN, it lost in court. This time to Verizon in January of 2014. For the same exact reason.
It lacked the necessary statutory authority under Title 1.
Source.
http://www.cadc.uscourts.gov/internet/opinions.nsf/3AF8B4D938CDEEA685257C6000532062/%24file/11-1355-1474943.pdf
But in the ruling, the judge
suggested the FCC would only have the authority under Title 2.
That is why the FCC was
FORCED by Verizon's lawsuit to classify under Title 2.
If Verizon and the other ISP's simply agreed to the rules (which were quite reasonable),
NONE OF THIS WOULD HAVE HAPPENED.
But they wanted their cake and eat it too... and they lost. So get over it.