Addressing wireless industry officials at the GSMA World Mobile Congress in Barcelona on Monday, FCC Chairman Julius Genachowski and FCC Commissioner Robert McDowell urged government leaders worldwide to maintain adherence to a “multistakeholder” model in managing the global Internet as they warned against the establishment of a new international body that would regulate the World Wide Web. Genachowski and McDowell, however, diverged somewhat in their remarks concerning the FCC’s role in implementing its new statutory mandate to conduct incentive auctions of broadcast TV spectrum, with Genachowski asserting that government has “an important, but limited role to play” and McDowell calling for regulatory restraint. Declaring, “we are at a crossroads for the Internet’s future,” McDowell told his audience that the creation of an international body to oversee Internet governance would be “counterproductive,” as such a step would “ultimately sweep up Internet services into decades-old [International Telecommunications Union] paradigms” and would thus “imprison the future in the regulatory dungeon of the past.” While agreeing that “modification of the multi-stakeholder Internet governance model may be necessary,” Genachowski echoed McDowell in warning that replacement of that model with a centralized governance body “would be devastating to the future of the Internet, including the mobile Internet.” Along the same vein, Genachowski further advised that governments “should reject unnecessary regulations on cloud computing, including rules that limit the physical location of data and code.” With respect to the newly-enacted Middle Class Tax Relief and Job Creation Act, which authorizes the FCC, among other things, to conduct incentive auctions of broadcast television spectrum, Genachowski voiced concern that the statute, signed into law on February 22, “contains provisions that could reduce the amount of spectrum we would otherwise recover for mobile broadband” and that such provisions “could limit the potential benefits of incentive auctions to the mobile industry and mobile consumers.” Although Genachowski promised that the FCC will implement the law “faithfully,” McDowell pledged to work to “ensure that our auction rules are minimal and ‘future-proof,’” as he emphasized: “time and time again, history has proven that regulators’ attempts to over-engineer spectrum auctions result in harmful, unintended consequences.”
Register Now As you are not an existing subscriber please register for your free daily legal newsfeed service.Register
If you have any questions about the service please contact email@example.com or call Lexology Customer Services on +44 20 7234 0606.
Genachowski, McDowell caution against central regulatory model for internet governance
If you are interested in submitting an article to Lexology, please contact Andrew Teague at firstname.lastname@example.org.
"I find the Lexology service invaluable.
In common with many in-house lawyers, I have limited access to (and a limited budget for) resources and rely on receiving know-how from friends and contacts in private practice. Lexology...
"I find the Lexology service invaluable.
In common with many in-house lawyers, I have limited access to (and a limited budget for) resources and rely on receiving know-how from friends and contacts in private practice. Lexology is great as it provides a daily email with the headlines in all the areas of law that I am interested in (which are all relevant to me, as I was able to choose which areas I was interested in at registration), with links to articles from a wide variety of sources.
I tend to scroll through the daily email when I am having my lunch, reading the headlines and descriptions of the articles, and click on any items that are of interest to me - that way, I feel like I am kept 'in the loop' with legal developments.
In addition to the daily email, I find the articles themselves very helpful - they set out the legal principle but most importantly, they 'boil it down' to the practical implications. When I am doing legal research, I also find the archive search function very helpful.
I have recommended the service to quite a few friends who have also found it very helpful."
In House Lawyer
Phones 4u Limited