Retard.
In a recent decision, the D.C. Court of Appeals vacated key elements of the Federal Communication Commission’s (FCC’s) 2010 Open Internet order. In doing so, it has revived discourse around the open Internet (commonly referred to as net neutrality), what it really means for consumers and the...
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Why Aren’t Broadband Providers Considered Common Carriers?
In the 1996 Telecom Act, Congress made a distinction between two types of services: “telecommunications services” and “information services.” “Telecommunications services” transmit a user’s information from one designated point to another without changing the form or content of that information. For example, a phone call transmits the user’s voice from one point to another without changing the content of the voice message, similar to the way a shipping company would deliver a package that you hand to it. “Information services,” on the other hand, offer a user the capability to create, store, or process information. Once that information is created, it might be transmitted via telecommunications, but the creation of the message would be done via information service. Telecommunications services, such as traditional phone service, were subject to common carrier rules. Information services were not. Based on the definitions in the 1996 Telecom Act, the FCC classified cable broadband as an “information service” and as a result it is not treated as a common carrier service and is largely exempt from regulation.