The decision for a specific nondiscrimination rule
That said, a nondiscrimination rule
is not the only way for the FCC
Following the first literature review by SCHUETT (2010), we can identify two main orientations for defining network neutrality within economic analysis: the zero-price rule and the nondiscrimination rule
Assuming one could demonstrate monopoly power in the access market, a more sensible nondiscrimination rule
would be to require that carriers charge different content providers the same rate for any given enhancement of QoS, not to prevent any charges for enhanced QoS whatsoever.
Even before President Clinton signed "Don't Ask, Don't Tell" into law as a compromise in 1993, the American Association of Law Schools added sexual orientation to its nondiscrimination rule
, prompting law schools to refuse interview access to all employers who discriminate on that basis.
However, a number of exceptions to GATT's nondiscrimination rule
106) The FCC's draft nondiscrimination rule
in the Open Internet proceeding is an example of this type of approach.
If a nondiscrimination rule
were based on antitrust thinking, then
The principal concerns of SGA are that the proposed nondiscrimination rule
would lock the Internet into its current form -- where continuous access to stolen works is the norm - and that it would prevent Internet service providers (ISPs) from developing technology to effectively combat piracy.
Under these circumstances, adopting a very general or ambiguous nondiscrimination rule
today constitutes an attractive compromise, since the controversial question is not decided one way or the other.
Although fierce competition in the marketplace has kept prices low and consumer choices plentiful, the FCC is proposing to codify the four principles and add two more to the list: a nondiscrimination rule
that would prohibit providers from selectively blocking or slowing web content or applications, and a transparency rule that would require providers to share network management practices with consumers.
This statement of the nondiscrimination rule
is an oversimplification but can be used as a "rule of thumb.