Public expectation of a broadband internet in the US, as defined by the FCC in 2005, is sometimes summarized as ‘any lawful content, any lawful application, any lawful device, and any provider.’ Given these principles, the expectation of what is termed ‘net neutrality’ becomes apparent; and in 2010 the FCC published its Open Internet Order. One of three primary rules requires ‘no unreasonable discrimination’ against a service operated over the network. Until now, the Open Internet Order has not been tested.
Now a Georgia-based VoIP has accused The City of Albany Water, Gas & Light Commission of breaching the FCC’s net neutrality rules, and has asked the FCC to step in. The problem is that Albany Water has filed a criminal complaint against L2Networks alleging theft-of-service in providing VoIP to a mutual customer. “The alleged claim against L2Networks states L2N should have compensated the utility for use of their fiber-optic internet infrastructure whilst delivering Voice over IP (VoIP) services over the utilities [sic] ‘internet backbone’ to existing internet customers of the utility,” said L2Networks in a statement.
L2N believes that this contravenes the Open Internet Order. “We are deeply concerned that the alleged claim could potentially change the landscape of the national internet marketplace as residential and commercial consumers see it today,” said an L2N spokesman. “The FCC’s report and order #10-201 was designed specifically to prevent these types of activities; however the manipulative use of the criminal legal system to create an anti-competitive environment and otherwise remove the local competition, is 'far reaching' at best.”
The reality is that the two companies have a bad relationship: L2N leases space from Albany Water. In a separate March filing with the Georgia Public Service Commission, L2N alleges that “After our circuit relocation remained ignored for months, Mr Ronald Skates [director of telecommunications at Albany Water] acted on his own to install internet access... in essence interfering with an existing business relationship between L2Networks and said customer.”
What might have started as a little local difficulty may have the legs to grow into a national issue. As Infosecurity reported here, it was public outcry against ISPs’ intention to charge more for VoIP users that led to ‘net neutrality’ becoming law in The Netherlands.