The Mercury News

Rescinding net neutrality harms startups, consumers

- Larry Magid

On Dec. 14, the Federal Trade Commission will likely deliver a huge Christmas present to the nation’s large internet service providers by repealing the Obamaera network neutrality rule. For the rest of us, it’s a lump of coal in our stockings.

The reason this will be welcomed by the likes of Comcast, AT&T, Verizon and other large ISPs is because it will free them to make side deals with content providers, giving them preferenti­al treatment in exchange for money or other considerat­ions. And, in many situations, they won’t even have to negotiate with a partner. Several of the ISPs have merged into media companies themselves. Comcast owns NBCUnivers­al, Verizon owns Yahoo, AOL, HuffPost and numerous other media outlets. AT&T is attempting to purchase Time Warner, whose

media empire includes HBO, Turner Sports, CNN, Warner Brothers and other brands. With network neutrality off the law books, it will be possible for these conglomera­tes to favor their content over the content of their competitor­s.

The term “digital tollroad” has been used to describe a world without net neutrality, but I’d like to refine that analogy. not so much like a toll-road for passenger cars (we already pay for internet service and some already pay higher fees for faster service) but it’s like a toll-road for delivery trucks. Imagine if Walmart paid the state for the right for its

trucks to drive 70 miles per hour while Costco’s trucks were only allowed to drive 45 MPH. Walmart would get its merchandis­e faster, which would give it a competitiv­e advantage. As it is, wealthy companies have all sorts of advantages when it comes to the ability to pay for highspeed servers and internet infrastruc­ture but eliminatin­g network neutrality gives them a further advantage when it comes to delivering content directly into our homes. As consumers of broadband, we already pay ISPs for service (including paying a premium for faster service) but if the FCC proposal goes through, there could be an extra fee for our informatio­n providers that they may pass on to us, resulting in higher bills for

our informatio­n and entertainm­ent services.

The most chilling possibilit­y is the ISPs using their power to block or slow-down content based on business or even political criteria. I don’t want any company controllin­g what I can read, what I can watch or where I can express my opinion.

While none of the ISPs have said that they would use this soon-tobe-granted power to stifle competitio­n or block content, it is certainly possible for an ISP to throttle down or even ban content from a rival company or a site they don’t agree with. More likely, what they’ll do is provide faster or better service to their subsidiari­es, business partners and companies willing to pay for preferenti­al treatment. Even with the network neutrality rules in place, a loophole called “zero rating,” allows some bundling such as AT&T exempting its own DirecTV Now streaming service from any mobile data plans

You might point to this and other freebies as a benefit to consumers and, in the short-term that might be true, at least for some. But there are some serious long-term issues. That’s one of the reasons that Congresswo­man Anna Eshoo, who represents part of Silicon Valley, is opposed to this proposed FCC rollback. “The rules today protect consumers and small businesses from the worst possible harms ISPs can inflict online,” she wrote on her website. “Repealing these protection­s is an assault on what has

made the internet what it is … an open and dynamic platform, with consequenc­es for consumers and our economy.” Earlier this year, Eshoo met with several entreprene­urs to discuss net neutrality and how its repeal could hurt their ability to compete.

Imagine if you decided to create your own video streaming service to compete with Netflix, Hulu and Amazon Prime. After spending money on the usual start-up costs, including content deals, servers and high-speed internet connection­s, you could then be faced with additional fees — perhaps in the tens of millions — to internet service providers to deliver your content to their customers. The big players can afford those fees, but you might

not be able to compete. Even if your video-streaming service does make it to people’s homes, it might be a lot slower than your well-financed competitor­s, which puts you at an immediate disadvanta­ge. That not only hurts the entreprene­urs but the rest of us, who may never be able to take advantage of the better services or lower prices that competitio­n brings.

The advocacy group Fight for the Future has a web page (battlefort­henet.com) where consumers can reach out to Congress in an effort to get them to stop the FCC from overturnin­g network neutrality.

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