The compromise rules would re-establish the principle that U.S. internet users can use whatever software, websites and equipment they like on their cable or DSL connections. Those companies would also be barred from slowing down or blocking content from competitors. The ISPs will also have to be transparent about how they manage congestion on their networks to ensure that anti-competitive behavior isn’t being disguised.

Wireless companies like Sprint and Verizon would also have to be transparent about their “network management” and be barred from discriminating unfairly (such as blocking Netflix because they’d rather you use their video service.) However, consumers would not have the explicit right to use the equipment of their choice, run the software of their choice or use the online services of their choice.

The new rules do not bar cable and phone companies from creating for-pay fast lanes on the net, nor is the FCC re-classifying the internet as a “telecommunications service,” which would have given it clear authority to enforce these and other rules.

Instead, the FCC is using the same shaky legal foundation set-up by the Bush administration, when it created the first net neutrality rules. Those were obliterated in a legal challenge by Comcast earlier this year, setting up the need for these rules, which don’t look to be on any firmer ground and could dissolve the first time the FCC tries to enforce them.

Here are some of the reactions coming in from various experts and stakeholders in the debate.

Marvin Ammori, Visiting Scholar at Stanford Law School’s Center for Internet & Society (2010):

“FCC Chair Proposes Garbage, Calls it Net Neutrality“

“President Obama’s FCC Chairman, Julius Genachowski, has a reputation in DC of being a “tepid” regulator. From reports of his net neutrality proposal, he’s living up to that reputation.”

“The proposal does not meet Obama’s campaign promises, or Obama’s other agencies’ actions, on net neutrality. It is ‘make-believe net neutrality.’”

Gigi B. Sohn, president and co-founder of Public Knowledge:

“We commend the Federal Communications Commission for tentatively putting open Internet rules on the agenda for the Dec. 21 Commission meeting and for, we expect, circulating a draft order.  As Comcast’s recent actions have shown, such rules are urgently needed.”

“Public Knowledge looks forward to working with the Commission to strengthen the order so that consumers and the vitality of the Internet are protected.”

John Chambers, Chairman and CEO of Cisco:

“Cisco supports the FCC completing this policy debate in a way that maintains an Open Internet, allows network operators to engage in reasonable network management and preserves incentives for investment in network infrastructure.”

“We look forward to Chairman Genachowski making progress on the key goals of his National Broadband Plan such as additional spectrum for wireless broadband and reforming Universal Service for broadband.”

John Doerr, Partner at Kleiner Perkins Caufield & Byers:

“Maintaining an Open Internet is critical to our economy’s growth and Chairman Genachowski and his team deserve kudos for their thoughtful leadership.”

“This effort is a pragmatic balance of innovation, economic growth and crucial investment in the Internet.  We look forward to working with FCC to protect these principles so the Internet grows and thrives for generations to come.”

Ron Conway, one of the founders of SV Angel, a Silicon Valley early-stage investment fund:

“As an early-stage venture capitalist for over 20 years, I treasure the Internet as an engine for innovation and economic possibility-protecting its openness is vital to protecting America’s critical technological competitive advantages.”

“I am proud to join a diverse coalition in support of the Chairman’s proposed rules of the road. This light-touch, common-sense framework will help protect investment and innovation throughout the ecosystem and will ensure certainty in markets for years to come.”

Jim Cicconi, AT&T senior executive vice president:

“We are pleased that the FCC appears to be embracing a compromise solution.”

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Authors: Sam Gustin

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