[ NNSquad ] Re: Erik Cecil's Take on George Ou's Take on Title II Reclassification

["George Ou" <george_ou@lanarchitect.net>]

First, it would have been nice had you provided some context with my
original piece.

  [ Erik included a link to your piece near the top of his essay.
    I made a point of verifying that. - Lauren Weinstein / NNSquad Moderator ]

Cecil rambled on endlessly with a massive barrage of 0s and 1s but never
really made a point.

Then towards the end he makes a wise crack.

"So of course Title II has never been applied to the Internet.
"Reclassification is a myth." OK. Sure. Clear as day."


I thought I was fairly clear when I made the distinction that there is a
difference between broadband transport (including the twisted pair copper
and a layer 2 ATM Private Virtual Circuit off of the DSLAM to be precise)
and broadband Internet which is the IP layer on Layer 3.

The transport for DSL up until 2005 was classified under Title II.  Brand X
tried to also put Cable Coax transport under Title II and initially won in
the 9th circuit but lost at the Supreme Court.

But that wasn't my main point which was that the stuff above layer 2, the IP
service on layer 3 on up to the applications on layer 7 were never under
Title II common carrier.  And if we *reclassify* layer 2 under Title II
(which would be extremely difficult from a legal perspective since the FCC
would have to reverse 4 of their previous cases within the last 5 years, and
not appear to be making an end-run around the DC Circuit) it still wouldn't
apply to the IP layer and above.


In fact, Harold Feld even admitted this in his trashing of "LEC boys".  He
went as far as to say he didn't even mind if ISPs censored content so long
as there was competition from broadband transport unbundling.  Again, that's
further evidence that Title II broadband transport doesn't apply to
*Internet* services before 2005 and it won't if the FCC went back to a
pre-2005 posture on broadband transport.




George

-----Original Message-----
From: nnsquad-bounces+george_ou=lanarchitect.net@nnsquad.org
[mailto:nnsquad-bounces+george_ou=lanarchitect.net@nnsquad.org] On Behalf Of
Lauren Weinstein
Sent: Thursday, April 15, 2010 10:54 AM
To: nnsquad@nnsquad.org
Subject: [ NNSquad ] Erik Cecil's Take on George Ou's Take on Title II
Reclassification


Erik Cecil's Take on George Ou's Take on Title II Reclassification

http://bit.ly/cvgWNe  (Erik Cecil's Blog)

--Lauren--
NNSquad Moderator