http://tech.fortune.cnn.com/2013/11/01/fcc-tom-wheeler/
Net neutrality basically boils down to the ISP's not being able to treat packets differently based on their origin. What this means is that they cannot throttle or slow down a connection from X to Y while speeding up A to B.
The 'free market' doesn't apply to ISP's. The US is a big place, and it's financially impossible to run multiple cables to every house and business for every ISP who wants to compete in a given area. Thus the ISP's serve regional markets so most people only have one broadband option available to them. For instance, our area has TWC and zero other high speed broadband options. I'd support deregulation but deregulation with a monopoly isn't going to work.
Second, the ISP's used Title II access to lay their infrastructure which has provisions for treating them as a utility. Title II gave them access to easements, utility poles, existing access, ect Under the guise of installing hard phone lines they installed the infrastructure to bring cable and internet as well. Hard phone lines are Title II. A lot of people don't have a hard phone line anymore. What this means is they used utility infrastructure to install their systems they don't want regulated as a utility. Only phone calls are currently regulated under Title II. Internet and other data going over the same exact cables are not currently Title II. Title II has protections against degrading service so your phone call wouldn't be garbled and worthless because you called someone with a different phone provider. In return the phone companies were classified as a utility and were allowed to access utility infrastructure. What they did is use Title II to install all of their systems that support the internet, cell networks, cable TV, ect. Every cell tower is connected via hard lines.
So they want to be Title II when it suits them but not Title II when it doesn't, and used Title II rules to install all the infrastructure to run what they don't want classified as a utility.
Where this all gets worse is Netflix is now having to pay them for a reliable data rate. Doesn't matter if you pay your ISP for high speed connection. It's not going to be high speed unless the content providers you're already paying for pay your specific ISP as well. Netflix is a huge part of the internet, and is a test case to see if they can get away with this. If this is allowed to stand the floodgates are going to be opened up into throttling anyone who doesn't pay off every ISP for a faster connection. Doesn't matter that you're paying your ISP already.
Someone like Netflix has their own ISP. So say you pay for a 25MBPS home internet connection, and Netflix's ISP can connect your ISP at 5MBPS. Technically you, at your home should then get a 5MBPS connection to Netflix. Oh no. The ISP's created a 3rd speed by throttling where Netflix comes into their network. So that 25MBPS you're paying for is suddenly contingent on the website you're going to paying your ISP, too. Suddenly Netflix is down to 0.8MBPS and isn't in high def, lags, and you're frustrated.
Cruz is technically correct that Congress can act. But they haven't and haven't really shown any signs of acting. I think he is mistaken that deregulation is the answer. As I already pointed out the ISP's have regional monopolies where competition is mostly non existent. Deregulation under this scenario is hardly free market, and so is the use of Title II access as a utility to install their infrastructure for what they're now claiming are services not subject to Title II rules. Since competition is impossible, and their networks were installed under utility rules, the ISP's should be treated as utilities. I also consider advertising speeds false advertising as they are now intentionally throttling websites who aren't paying them off. This recently occurred after the FCC lost a court case. The judge said the FCC has the power to regulate them as a utility but because they haven't yet the prior rules the FCC put in place were invalid. The judge basically told the FCC how to regulate them legally, and the FCC is teeter tottering and waffling on doing do. In fact, Wheeler supports the 'fast lane' approach where, unless the Netflixes of the web pay off your ISP, their services and content will be throttled to the point you get degraded service.


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