falchard :
To me the idea of net neutrality is moot if you can fulfill the conditions of an unregulated environment with an equal opportunity for competitors to enter a market. When you have competition, you have the ability to switch carriers. You also have the ability to enter into poorly treated regions and snatch consumers. When you have these choices, metering no longer becomes and issue. Back in 2008, Comcast began to start metering heavy users because they could not throttle Bit Torrent connections anymore. They no longer do this due to public backlash. When you have competition in the field its much easier to make a company feel the effects up public backlash. Even when you are the biggest regional ISP in the nation. Similarly issues with Netflix on Verizon and Comcast were resolved in short order due to the public backlash. To me the problem net neutrality solves had already been solved within the marketplace. After all who would want to buy into such a shitty company like Comcast when you have a choice.
This is an utterly hollow argument. The marketplace does not work when the consumer has so few options and the barriers to entry for competitors is so high.
First, you claim competition solves the "toll road" problem, but with a small cartel of ISPs, sites can be forced to pay tolls to all 3. And from a consumer's perspective, if only one site is sluggish isn't usually a big enough reason for them to switch especially when they have no idea whether it would be any faster if they did. So, what happens is that companies which can't pay the tolls simply die out. That's hardly a competition-friendly world.
As for bittorrent throttling, to my knowledge, I've seen my seeds get cut off as recently as a couple years ago. I don't torrent frequently - mostly OS distros and whatnot - so I have limited data points, but there's no way they ceased throttling in 2008. Just no way. They eventually
said they would stop, when caught red-handed, but that happened several times and they just kept doing it.
And as a consumer, if your ISP drops you because you're a data hog, you'd better hope there's another ISP in the area you can use. Otherwise, you're without net (or have to use something expensive and even worse, like cell). From an ISP's perspective, they don't want data hogs. They'd much prefer to shift all their highest-cost and most problematic users to their competition. The marketplace doesn't solve this problem. Perhaps it could, if there were enough of these people and they had sufficient means for a separate fee structure, but Comcast doesn't seem to think so, as it would rather just solve these problems by throttling users and dropping them.
falchard :
Now if you found that argument to be weak, how would changing broadband providers to Title 2 utilities solve it? It pretty much ignores the 1996 act passed by congress which in large part allowed the internet to explode in the US. It makes entering the ISP market require FCC approval in addition to the current regulatory hurdles.
The telco act of '96 failed, utterly. Nearly all of the ISPs founded under it had gone out of business by 2000. The telco lobby killed it through dragging their feet on their obligations under the act, and getting Congress to undermine it with subsequent regulation.
So that's basically a non-consideration.
falchard :
The last part I wish to talk about is the best means in deploying broadband. The biggest barrier to entry in the broadband market are local municipalities.
I'm not concerned about that. If the local populace wants new infrastructure, they can elect mayors and city councilors that will facilitate it, such as in the examples you cited.
falchard :
On fair and transparency, that to me is a very weak point because the Obama Administration has taken that very notion and shit all over it.
WTF? I thought this thread was about the new FCC rules!
My point was that we actually get to read the FCC rules and petition Congress to pass new laws or to the FCC directly, if we don't like them. A lot of people like to complain about the fact that a government bureaucracy is behind this, but I think the FCC is a lot less broken than Congress. And I think by removing Congress from the process, the it's less tainted by politics and political favors. If Congress wrote these rules, the doc would be at least 10x the size to accommodate all of the loopholes added for the benefit of their campaign donors.