We're about ten days and counting from the Federal Communications Commission issuing an Order with net neutrality rules, but one of three Democrats on the FCC who supports the idea now says that the draft on the table might not go far enough. That would be Mignon Clyburn, who told the Practicing Law Institute's annual telecommunications summit that she "still has many questions" about the proposal, particularly whether it adequately covers wireless broadband.
"Do we have a consensus item in front of us?" Clyburn asked out loud on Thursday. "I think we are pretty close. But my focus over the coming days will be to ensure that we are thinking through the implications of the wireless piece of the item. While I recognize that there are distinctions between wired and wireless networks, I think it is essential that our wireless networks—those of the present and future—grow in an open way just as our wired ones have."
Same experience required
This sentiment runs contrary to the intentions of FCC Chair Julius Genachowski, who offered a sneak preview of the Order on December 1. The rules will bar indeed "unreasonable discrimination" on wired networks, but wireless operators get a free pass, as long as they tell everybody what they're doing and don't throw a total block in front of traffic.
That's not enough for Clyburn, it seems. This principle of "equality" is crucial, she told the Practicing Law crowd, because some consumers rely entirely on wireless services for their broadband experience.
"We should ensure that, while there are two kinds of networks, we don't cause the development of two kinds of Internet worlds," Clyburn warned. "Aside from technical differences, the basic user experience should be the same."