Who is covered [was VZ...]

Adam Rothschild asr at latency.net
Fri Feb 27 22:22:44 UTC 2015


I think "terminating access monopoly" is (rightly IMO) the litmus test
for coverage, but I am not an attorney either...

$0.02,
-a

On Fri, Feb 27, 2015 at 4:54 PM, Livingood, Jason
<Jason_Livingood at cable.comcast.com> wrote:
> I have the same question. No one will know for sure until the rules are
> released, but my guess is it potentially covers more than people may
> initially think.
>
> For example, I would guess many ³transit² networks will be covered since
> they also provide in many cases retail access to schools, hospitals,
> government, business, etc. It¹s not much of a stretch to see how CDNs,
> hosters, and others may be covered by at least parts of this, such as
> transparency/policy disclosure, maybe measurement. Blocking, throttling,
> and paid prioritization could also apply in some critical ways, especially
> given the % of Internet traffic that uses CDNs for example.
>
>
> Again, the key may be that there will be ambiguity that may only be sorted
> out as case law develops around each of these areas. But IANAL so I¹m just
> guessing like the rest of us for now! ;-)
>
> - Jason
>
> On 2/27/15, 3:44 PM, "Adam Rothschild" <asr at latency.net> wrote:
>
>>I interpreted the FCC press release[*] to apply these provisions to
>>"broadband access" providers only -- that is to say, not hosters, nor
>>CDNs.  It will indeed be interesting to see how this works once the full
>>documentation is released.
>>
>>FWIW,
>>-a
>>
>>[*]
>>http://transition.fcc.gov/Daily_Releases/Daily_Business/2015/db0226/DOC-33
>>2260A1.pdf
>>
>>On Fri, Feb 27, 2015 at 2:49 PM, McElearney, Kevin
>><Kevin_McElearney at cable.comcast.com> wrote:
>>> [Sorry for top-posting]
>>>
>>> I actually think you are both right and partially wrong.  It IS the ISPs
>>> responsibility to provide you with the broadband that was advertised and
>>> you paid for.  This is also measured today by the FCC through Measuring
>>> Broadband America.
>>>
>>>http://data.fcc.gov/download/measuring-broadband-america/2014/2014-Fixed-
>>>Me
>>> asuring-Broadband-America-Report.pdf
>>>
>>> That said, your ISP is NOT ³the Internet² and can¹t guarantee ³access
>>>the
>>> Internet sites of my choice at X megabits per second."  While ISPs do
>>>take
>>> the phone call for all Internet problems (sometimes not very well), they
>>> certainly don¹t control all levels of the QoE.  ASPs may have
>>>server/site
>>> issues internally, CDNs may purposely throttle downloads (content owners
>>> contract commits), not all transit ISPs are created equal, TCP distance
>>> limitations, etc.
>>>
>>> What would be interesting is if all these rules/principals and
>>> transparency requirements were to be applied to all involved in the
>>> consumer QoE.
>>>
>>>         - Kevin
>>>
>>> On 2/27/15, 1:34 PM, "Mel Beckman" <mel at beckman.org> wrote:
>>>
>>>>Bill,
>>>>
>>>>This is not feasible. ISPs work by oversubscription, so it's never
>>>>possible for all (or even 10% of all) customers to simultaneously demand
>>>>their full bandwidth. If ISPs had to reserve the full bandwidth sold to
>>>>each customer in order to "do everything reasonably within your power to
>>>>make sure I can access the Internet sites of my choice at X megabits per
>>>>second", then broadband connections would cost thousands of dollars per
>>>>month.
>>>>
>>>>Anyone who doesn't understand this fundamental fact of Internet
>>>>distribution will be unable to engage in reasonable discussion about ISP
>>>>practices.
>>>>
>>>>On Feb 27, 2015, at 9:56 AM, William Herrin
>>>><bill at herrin.us<mailto:bill at herrin.us>>
>>>> wrote:
>>>>
>>>>Deceit is Bad Behavior. If you sell me an X megabit per second
>>>>Internet access service, you should do everything reasonably within
>>>>your power to make sure I can access the Internet sites of my choice
>>>>at X megabits per second.
>>>>
>>>
>>
>



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