The Association of Research Libraries (ARL), together with the American Library Association and EDUCAUSE, recently sent a letter to FCC Chairman Julius Genachowski applauding his announcement of a ‘third way’ approach to protecting consumers and the Internet.
The associations had pointed out earlier that the recent FCC vs. Comcast decision did not block the FCC from acting to protect the Internet or its users, it merely rejected a particular legal theory the FCC had used. The letter states that the Chairman’s 'new, balanced’ approach starts with the much sturdier foundation found in Title II of the Communications Act, which provides a clear mandate to ensure fairness and transparency for provision of ‘telecommunications’ services, which is exactly what broadband Internet access is.
At the same time, Genachowski proposes to adapt Title II to the realities of broadband by enforcing only select provisions of that tried and true provision, ‘forbearing’ from (i.e. not enforcing) the provisions that fit telephone service but not broadband access. There have been concerns that the Commission may distort the Internet with outdated rules. The ‘third way’ approach is expected to give the FCC the power to protect users and to protect the Internet itself from deceptive and self-serving behaviour by the owners of Internet ‘on-ramps.’
The letter mentions some of the myriad uses of broadband Internet access for education and research. According to the associations, the FCC has taken a very important step toward securing and expanding those benefits in the short term and for posterity.
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