Mapping the Route to a Broadband Network Compact
Targeted News Service |
"The
d Maximize the power of transparency under Section 706 to promote competition and provide consumer protection.
d Develop regulation of reasonable network management to the greatest extent possible under Section 706.
d Implement effective universal service mechanisms under Section 254.
d Explore Title II with Section 10 forbearance for those goals of the Act that cannot be accomplished under the authorities and powers of sections 706 and 254, particularly for public safety, consumer protection and consumers with disabilities and privacy.
"Ensuring that consumers, content providers, and application developers do not suffer undue discrimination in their access to broadband communications networks (referred to as network neutrality or the Open Internet) is one of the primary goals of the Communications Act," Cooper added, "but it has been one of the most contentious and unsettled areas of communications law since the 1996 Act, with contradictory decisions from Federal Appeals Courts and a
"The
Cooper, said, "But, the Commission must navigate the terrain in which it finds itself, not in some alternative universe. The "all of the above" approach makes perfect sense for the
The strategies to deal with complex ambiguity are similar across the fields, resulting in a clearly articulated framework for decision making:
MAPPING AND NAVIGATING IN A TERRAIN OF COMPLEX AMBIGUITY
Region of Challenges Strategy Action
Knowledge Outcomes Probabilities
Risk Known Known Hedge Identify the trade-offs between cost and risk.
Spread and hedge risk by acquiring assets that are uncorrelated (do not overlap) to lower portfolio risk
Uncertainty Known Unknown Real Options Buy time to reduce exposure to uncertainty by choosing sequences of hedges that preserve the most options. Acquire small assets with short lead times and easy exit opportunities.
Vagueness Unknown Known Fuzzy Logic Avoid long-term paths that are least controllable.
Minimize surprises by avoiding assets that have unknown or uncontrollable effects. Create systems that can monitor conditions and adapt to change to maintain system performance.
The Unknown Unknown Unknown Diversity & Buy insurance to build resilience with diverse and Insurance redundant assets. Diversity requires increasing variety, balance and disparity of assets. Fail small and early.
Avoid relying on low probability positive outcomes and betting against catastrophic negative outcomes.
"It would be a luxury to hit the pause button and take time to reflect on this complex challenge, but decisions about whether to appeal the court decision must be made quickly," Cooper added, "so, one of the most important direction setting decisions comes early. The approach taken by the Commission recognizes the new terrain on which the
"This is the "new" law that needs to be implemented and until the Commission tries to do so, the courts will likely keep sending the Commission back to the drawing board," Cooper concluded. "There is a long way to go to build the Broadband Network Compact, but this is a good start.
A copy of the report can be found here (http://www.consumerfed.org/pdfs/MAPPING-A-ROUTE-TO-THE-BROADBAND-NETWORK-COMPACT.pdf)
A copy of CFA's comments can be found here (http://www.consumerfed.org/pdfs/CFC-Inital-Comment-in-the-Open-Internet-Remand-Docket.pdf)
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