
Though consumers still haven't seen them, every indication is that the FCC will pass Genachowski's planned network neutrality rules when the agency votes on them tomorrow. If the rules lacked votes it would have been pulled by now, and a statement by Commissioner Michael Copps unsurprisingly indicates the Democrat has gotten minor changes implemented that make him comfortable enough to vote yes. With Genachowski and Clyburn to also vote yes, it means we'll see the usual 3-2 partisan split. In a statement, Copps insists that while the rules aren't the ones he'd prefer, and may not even be enforceable or enforced, he's going to vote yes on them anyway:
I have been fighting for nearly a decade to make sure the Internet doesn't travel down the same road of special interest consolidation and gate-keeper control that other media and telecommunications industries radio, television, film and cable have traveled. What an historic tragedy it would be to let that fate befall the dynamism of the Internet. The item we will vote on tomorrow is not the one I would have crafted. But I believe we have been able to make the current iteration better than what was originally circulated. If vigilantly and vigorously implemented by the Commission and if upheld by the courts it could represent an important milestone in the ongoing struggle to safeguard the awesome opportunity-creating power of the open Internet.
AT&T had the lion's share of input into these final rules, so if you're taking bets on what tomorrow's rules will look like, expect potentially unenforceable loophole-riddled ones. You may see some rules focused on requiring transparency in network management, but it seems unlikely the rules will require ISPs to do anything they weren't already doing voluntarily. In other words, expect empty provisions with a coat of consumer protection paint.
















