I have some thoughts on the matter that the elders of AMHD may or may not find interesting. I would like to clarify, I am not taking sides or following the big business branch the conversation has since taken.
First of all lets assess the OP. Obama wants to turn the internet into a public utility, in reality he has sent out a message to the FCC "urging" them to reclassify the internet, under Title II of the
Federal Communications Act of 1934, as a public utility, much like other telecommunications companies. Currently it is classified under Title I which governs information exchange, which according to the New York Times, "
the Internet had a better chance to thrive if broadband were classified as an 'information service.'" This also allows it to be loosely regulated, regulation on information services borders on infringing on free speech. Where as Title II deals with the carriers rather than the information carried.
I would like to point out here, that the FCC has broken types of information to be carried, down into classes such as, but not limited to "day, night, repeated, unrepeated, letter, commercial, press, Government" thus applying charges "just and reasonable" as seen fit, and written in a way that the list is not all inclusive. Furthermore, it is written in that the FCC can request "physical connections" be made among carriers to other carriers as seen fit to the public interest. This also specifies that carriers will not be forced to force general circulation without a nominal charge. It is however written in such a way that it is very open ended so that the "Commissioner may prescribe such rules and regulations as may be necessary in the public interest."
It also covers both wire and radio services, not limiting the communication to one type of media, which with fiber and other advances are sure to be specified. On the consumer end it also protects our rights in that it ensures no "unreasonable... preference or advantage" against any type or class of person or any type of locality by any device or means. I might mention that Google (especially YouTube) in Oklahoma City sucks due to high bandwidth requests being unfulfilled.
It also calls for open books among the carriers so that its costs may be assessed by the public and the FCC itself. It also calls for review by the FCC for new costs and charges among providers. This also allows the FCC to prescribe just and reasonable charges overriding the companies themselves.
The rest of Title II deals with recovery of damages, complaints against the commission, liability, paperwork, securities, property of the carriers, etc. There is a clause that deals with laying new lines, in that carriers must first inquire the commission for using other existing lines or laying new ones, to be in the public interest and some exceptions for emergency situations. The following hundred pages or so deal with telephone specific regulations and equipment regulation among providers.
Currently ISP's are only regulated by Title I as said before, which deal mostly with the organization of the FCC itself, the basic rights that none shall be discriminated against, and the dissemination of AT&T itself. It also deals with fee schedules, and budgets of the FCC etc.
Not a bad idea in my opinion, broadband in the U.S. is overpriced and with low quality at that. ISP's (carriers) would no longer be able to slow traffic based on content or random urges, rather only offer what is fair and just to all. But this is neither here nor there. Moving on past the legal bs...
Verizon, Comcast, Time Warner, and AT&T all complain about the idea; Comcast particularly citing section 706 that in times of war, the president can have a "Preference with any carrier he chooses." They all cite an open internet, however they are more than willing to have you pay for such services, provided you pay whatever they are asking, deal with their advertising campaigns, and comply with their own individual "Fairness" policies. The rest of the time they screw you, and don't think twice about it.
A lot of the fuss is surrounding the mobile market. The bandwidth over the mobile waves is significantly limited compared to the wired systems, needless to say the new systems that are up and coming. The FCC is currently working on a "hybrid" legal approach that encompasses the now and later without overlaying on one individual market.
Net Neutrality is not an entirely different concept. In 2003 Tim Wu came up with the idea as an extension of the "Common Carrier" principle discussed previously. It does guarantee some more rights, but that is the whole issue being debated right now. It focuses on equal treatment of data without any specification as where it is from. Fantastic idea except where it can be abused, again where the FCC's policies of classification come in handy, maybe with a more revised modern version that may or may not exclude day and night usage, etc. As of April the FCC was considering a new set of specifications that would target ISP's traffic directly. I guess the biggest hit would be to the ISP's. They would have a legal duty to not sell their own services but rather treat all services equally.
There are always loopholes of course and Verizon has warned that there will still be "fast lanes" of traffic for certain content, but the FCC specifies that to be for emergency channels (911 calls, real time medical information transfers, etc.) Of course a business will receive a higher class than me, I don't pay as much for the bandwidth, nor can I justifiably use as much. Their biggest complaint is that there will
still be fast lanes. So doing nothing is better?
I'm not a huge fan of regulation, but the idea that it should only fall into the hands of the select few giants is not my idea of success either.
Anyway... my own ideas of potential laws that would support many sides of the Rubik's cube.
In the old days the world had "Internet Nodes" now called "Exchange Points" or "
Principle Data Routes" that handled much of the internet traffic (Beginning with ARPA). They hosted millions of sub-networks that in turn provided and used bandwidth on a cost per unit basis. In turn the nodes allocated bandwidth to other nodes on a quid pro quo basis; they offered and used more or less equal bandwidth. The
costal carriers began collaborating with other international telecom companies to lay cable across the Atlantic and eventually
around the world.
I think the internet should be offered among carriers and on a quid pro quo basis. This would create a new market for bandwidth on the upload and download markets. Netflix and Amazon would have to team up with consumer carriers to balance the upload and download streams. You may find some of the commercial giants venturing into their own telecom companies much like Google has in recent history.
Furthermore, is there any reason why the internet cannot be more or less free for consumers.
Google Fiber offers free internet, you pay to have it set up, it pays their costs, and you now have some of the best internet in the world. Users who are classified as business, organizational, educational, etc.(according to the FCC classifications), would have to offer a peer to peer exchange of data, major network contribution (much like the first T1 lines in the old days), or pay a premium that offsets the costs for providers.
Another applicable idea I think could dominate a new internet would be pure peer to peer networking across very complex virtual sub-networking. There are many paths on the network, an many routes that may be taken in any given request. I propose a virtual encrypted network that would lie within the bandwidth and storage of any connected device, modeled after the torrent protocols. Everyone receiving and contributing little chunks of information to the greater whole. As an extension of this idea all modems on the utility network would be required to offer an open hotspot or wired repeater for the surrounding area, a private and public network application which has proven safe to enterprise scale networks. I believe Bright House/Time Warner already do this in some areas.
These principles would not only reduce load on any one given provider (increasing competition/reducing demand/increasing supply/lowering costs) would also cause immediate growth, you now reduce load on all forms of communication, especially with the advent of smart devices that understand the TCP/IP protocols. Even antiquated devices would be easily adaptable to such a network.
Going on a limb, an idea I read in a book once, was cellular devices that piggy backed off each other creating an adaptive network of their own. Sharing bandwidth and broadcasting costs among the subscribers to minimize dead-zones and load. Newer and older technologies including all forms of optical, radio, and copper, could be adapted in such a way that everything shares the whole internet equally, more or less.