For starters, I have a problem with the FCC trying to reclassify ISPs. However, the basis I surmise they would seek this is the basis that some ISPs are no longer simply ISPs (at least, not the ones engaging in preferential content treatment). They are more closely related to ICPs (Internet Content Providers), and by the extension of the Cable Act (see: http://www.techlawjournal.com/internet/80908.htm) it can be argued that Comcast's Internet offering (for instance) is more like a Cable TV-offering with Internet on the side.
On the
side of Network
Neutrality, the FCC's approach is
encouraging, because it's calling out the elephant in the room. By providing preferential
treatment of media services that qualify as "video programming", they are in-effect no longer ISPs: providing ungoverned access to a telecommunications network as their primary service. They are very much "broadcasters" that offer alternate services on their access platform (see: http://voices.washingtonpost.com/posttech/2010/02/att_verizon_cable_industry_war.html).However, what I hope is that Genachowski is bluffing. I hope this threat is just a threat and meant to scare content/access conglomerates into accepting Network Neutrality principles as a method of saving their own asses from regulation. While their argument is sound, I feel that the FCC's regulation of the Internet on the scale of Title 2 classification is dangerous to the Internet, free-speech, and a host of commercial
applications. ISPs shouldn't be the only ones concerned about this move, if it's legitimate.
While it
could be debated ad infinum regarding the technical nature of TCP/IP being a telecommunications protocol (point-to-point), and not a broadcast protocol, the definition of "cable services", per the 1996 Telecommunications Act, says it covers: "the
one-way transmission to subscribers of video programming or other
programming service,
and
subscriber interaction, if any, which is required for the selection
or
use
of such video programming or other programming service." Video streams can be quantified, largely by use of UDP, as one-way transmissions.
-Dave Berry