Issue link: http://www.epageflip.net/i/469528
ByAnneFlaherty The Associated Press WASHINGTON IsPresident Barack Obama taking over the Internet? Not by a long stretch, but that's not stop- ping political banter in the "net neutrality" debate. The Federal Communi- cations Commission will vote Thursday on whether to put Internet service in the same regulatory camp as your telephone. That means broadband provid- ers like Comcast, Verizon, AT&T, Sprint and T-Mo- bile must act in the "pub- lic interest" when provid- ing your Internet connec- tion and conduct business in ways that are "just and reasonable." The goal, as stated by regulators: Prevent those service providers from cre- ating paid Internet "fast lanes" and charging sites such as Google, YouTube and Netflix to move their data faster than others. Some critics talk about the plan like it's a govern- ment takeover of your Net- flix account. Supporters say it'll protect the status quo without price controls or new taxes. But the lobby- ists and politicians aren't telling the whole story. Here's a look at some of the questionable rhetoric in the "net neutrality" debate: ___ THE CLAIM: "President Obama's plan marks a mon- umental shift toward gov- ernment control of the In- ternet." — Republican FCC Commissioner Ajit Pai. THE FACTS: It's a shift for sure, but the FCC hasn't proposed regulating Inter- net content or controlling access to websites. The question is how to regulate Internet service so provid- ers don't block or slow web traffic for financial gain. FCC Chairman Tom Wheeler says the only way to do that is to subject re- tail Internet service to Ti- tle II of the 1934 Commu- nications Act. That would expand FCC power signifi- cantly by allowing regula- tors to step in if there were allegations of harm to con- sumers. But it's a reach to suggest that these new pow- ers equate to a government takeover. Also worth noting is that the FCC is indepen- dent from the administra- tion. While Obama has put pressure on the FCC to en- act tougher regulations, and he appointed Wheeler to head the agency, this is not the president's call. ___ THE CLAIM: FCC Chair- man "Wheeler has cho- sen to ignore the unprece- dented Internet innovation, investment and job creation that have all thrived with- out government interven- tion and regulation." — Rep. Bob Latta, R-Ohio, a mem- ber of the House Energy and Commerce Commit- tee, in a Feb. 19 statement. THE FACTS: It is true that the Internet has flour- ished and is lightly regu- lated compared with other industries. It's also true that this exponential growth oc- curred under a system in which broadband provid- ers mostly agreed not to discriminate against Web traffic. Providers operated under the threat of regulation for several years until late 2010, when the FCC adopted open Internet rules. Those rules were in effect until early 2014, when a federal court struck them down. So it's not true that there hasn't been any government reg- ulation. ___ The CLAIM: "There will be no rate regulation" of Internet service. — FCC Chairman Wheeler. THE FACTS: Under Wheeler's plan, broadband providers won't have to get their rates approved ahead of time by the FCC. But the law would allow the FCC to step in if charges were "un- just or unreasonable." The law also allows the FCC to investigate consumer com- plaints. So it's possible that con- sumers can claim price gouging and regulators will get involved. Mobile voice services have been under similar rules for years, and the FCC points out that it has never regulated those prices. ___ THE CLAIM: "No tariffs or new taxes." — FCC Chair- man Wheeler. THE FACTS: Wheeler's plan won't apply new fees or taxes. The Internet Tax Freedom Act bans taxes on Internet service, and that law should still apply even if the FCC reclassifies the In- ternet as a telecommunica- tions service under Title II. What Wheeler doesn't mention is that the tax ban expires again in October. Unless Congress passes a permanent bill, as some lawmakers want, state gov- ernments are likely to start pushing back on this tem- porary relief bill, especially as landline revenues de- cline. It's a legitimate ques- tion to ask — how long the Internet will remain insu- lated from higher state fees after being declared a vital public utility. ___ THE CLAIM: The FCC plan "represents a stun- ning reversal of the pol- icies of the Clinton and Bush administrations." It will backtrack on "decades of bipartisan agreement to limit Internet regulation." — Former FCC commis- sioner Robert McDowell in an opinion article in The Wall Street Journal. THE FACTS: The ques- tion of Internet "fast lanes" is far more pressing for Obama than it ever was for Clinton or Bush. In 2000, only 3 percent of American households had broadband access, compared with 70 percent by 2013, according to the Pew Research Center. It wasn't until President George W. Bush's second term, in 2005, that You- Tube became available and video services like Netflix became more popular. By the time the FCC voted in 2008 against Comcast for throttling Web traffic, Bush was nearing the end of his presidency. FACT CHECK Talking heads skew 'net neutrality' debate JOSELUISMAGANA‑THEASSOCIATEDPRESSFILE Federal Communications Commission (FCC) Chairman Tom Wheeler speaks during new conference in Washington. By Scott Sonner The Associated Press RENO, NEV. The U.S. Fish and Wildlife Service has confirmed another golden eagle has been killed at a Nevada wind farm near the Utah line, and con- servationists are demand- ing federal regulators do something about it. Fish and Wildlife Ser- vice spokesman Dan Balduini said Wednes- day he couldn't specu- late about how the agency might respond after the second golden eagle in three years was found dead Feb. 9 at Spring Val- ley Wind Energy. Pattern Energy owns the facility in White Pine County, about 250 miles northeast of Las Vegas. "We are aware of it," Balduini told The Associ- ated Press from Las Vegas. Golden eagles are not listed as threatened or en- dangered, but they are pro- tected under other federal laws. Two groups that sued unsuccessfully to block construction of the wind farm in 2011 say the gov- ernment let the San Fran- cisco-based company off last time with nothing more than a promise to do better at the site west of Great Basin National Park. "There's no incentive for a wind energy developer to commit to anything if they are not held account- able for whacking birds they are not supposed to be whacking," said Rob Mrowka, senior scientist of the Center for Biologi- cal Diversity based in Tuc- son, Arizona. "What they are basically saying is, 'OK, govern- ment, we are calling your bluff. We don't think you are going to do anything anyway,'" he told the AP. Rene Braud, Pattern En- ergy's director of environ- mental compliance and policy, said possible golden eagle fatalities were antic- ipated when the Fish and Wildlife Service granted the necessary permit to open the wind farm in 2012. The facility has 66 gi- ant turbines spread across about 12 square miles of land managed by the U.S. Bureau of Land Manage- ment. "The project imple- mented mitigation mea- sures, including power pole retrofits, to account for this," she said in an emailed statement. "It is unfortunate when any ea- gle is lost, and we will con- tinue our efforts to reduce the project's impact." PROTECTED BIRDS Second golden eagle in 3 years killed at wind farm The Associated Press SACRAMENTO A Califor- nia moving company that has been trying to expand to Reno has run into reg- ulations that challenge Ne- vada's reputation for being a business-friendly state, attorneys said in announc- ing a federal lawsuit on Wednesday. Steve Saxon, owner of Affordable Moving & Stor- age in Sacramento, filed suit last week in U.S. Dis- trict Court in Las Vegas, calling Nevada's business license regulations uncon- stitutional. The lawsuit was submitted by the Pa- cific Legal Foundation, a conservative group that advocates for limited gov- ernment. The suit claims that Ne- vada essentially bans new competition from moving companies, limousine ser- vices and other transpor- tation-related businesses unless existing companies don't object. If an existing company does object, the applying business must prove that it won't create competition, the suit claims. Saxon, who runs a fleet of 10 trucks, said that gives competitors veto powers. "It's basically protecting the ones that are already in place, and preventing new ones from coming in," Saxon told The Sacramento Bee in Wednesday's edition. "There's a very few compa- nies in Reno; they've got a monopoly." Nevada state officials won't comment on the law- suit. 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