WEBVTT - TechStuff Classic: What is a Common Carrier?

0:00:04.400 --> 0:00:07.800
<v Speaker 1>Welcome to tech Stuff, a production from I Heart Radio.

0:00:12.080 --> 0:00:14.600
<v Speaker 1>Hey there, and welcome to tech Stuff. I'm your host,

0:00:14.720 --> 0:00:17.400
<v Speaker 1>Jonathan Strickland. I'm an executive producer with iHeart Radio and

0:00:17.440 --> 0:00:19.919
<v Speaker 1>a love of all things tech. It's time for a

0:00:20.160 --> 0:00:25.599
<v Speaker 1>text Stuff classic episode. This episode originally published on February nine,

0:00:25.760 --> 0:00:31.280
<v Speaker 1>two thousand fifteen. It is titled what is a Common Carrier.

0:00:31.680 --> 0:00:34.639
<v Speaker 1>When we did this episode, it was when there were

0:00:34.800 --> 0:00:39.320
<v Speaker 1>discussions among politicians and the Federal Communications Commission in the

0:00:39.360 --> 0:00:43.919
<v Speaker 1>United States the FCC, about classifying internet service as a

0:00:43.920 --> 0:00:48.080
<v Speaker 1>common carrier, and so we made this episode in order

0:00:48.120 --> 0:00:50.400
<v Speaker 1>to kind of talk about what that means and what

0:00:50.680 --> 0:00:55.720
<v Speaker 1>would imply should internet service be classified that way. Things

0:00:55.800 --> 0:01:02.840
<v Speaker 1>changed dramatically in the following presidential administration after and now

0:01:02.880 --> 0:01:07.000
<v Speaker 1>we're seeing them change again. So still relevant. So let's

0:01:07.000 --> 0:01:10.720
<v Speaker 1>listen to this classic episode What is a Common Carrier?

0:01:12.000 --> 0:01:14.920
<v Speaker 1>So I thought I would explain what common carriers are

0:01:14.959 --> 0:01:17.800
<v Speaker 1>in general, how have they apply to the Internet or

0:01:17.880 --> 0:01:21.840
<v Speaker 1>don't apply up till now anyway, and how this might

0:01:22.000 --> 0:01:24.800
<v Speaker 1>change things in the future, and also just to clear

0:01:24.880 --> 0:01:28.160
<v Speaker 1>up some misconceptions about the whole thing. So first, in

0:01:28.200 --> 0:01:30.880
<v Speaker 1>the United States, the term common carrier is a legal

0:01:30.920 --> 0:01:35.039
<v Speaker 1>definition that means an individual, a company, or a public

0:01:35.120 --> 0:01:39.160
<v Speaker 1>utility like municipal buses, which is in the regular business

0:01:39.200 --> 0:01:43.600
<v Speaker 1>of transporting people and or freight. And that's distinguished from

0:01:43.600 --> 0:01:47.360
<v Speaker 1>a private carrier, which only transports occasionally or as a

0:01:47.400 --> 0:01:52.200
<v Speaker 1>one time only event. So it originally referred to a

0:01:52.240 --> 0:01:56.320
<v Speaker 1>physical conveyance of carrying people or cargo from one place

0:01:56.360 --> 0:01:58.880
<v Speaker 1>to another. In fact, in the United States, this was

0:01:58.920 --> 0:02:02.160
<v Speaker 1>first put into law in the Inner State Commerce Act

0:02:02.240 --> 0:02:06.720
<v Speaker 1>of eight seven, which regulated the railroads. Other countries have

0:02:06.840 --> 0:02:10.160
<v Speaker 1>had similar policies dating back hundreds of years. Some of

0:02:10.200 --> 0:02:12.560
<v Speaker 1>them are formally put down into law, some are just

0:02:12.680 --> 0:02:16.200
<v Speaker 1>simple traditions that have held over over the course of time.

0:02:16.720 --> 0:02:19.160
<v Speaker 1>But over time the definition here in the United States

0:02:19.200 --> 0:02:22.880
<v Speaker 1>has expended to cover services that carry more than uh

0:02:22.919 --> 0:02:26.639
<v Speaker 1>these physical things. They can carry intangible things like voice communication.

0:02:27.440 --> 0:02:30.640
<v Speaker 1>Now one of the most important facets of common carriers

0:02:30.760 --> 0:02:34.040
<v Speaker 1>is that they are not allowed to discriminate against passengers

0:02:34.160 --> 0:02:38.160
<v Speaker 1>or cargo. They're legally bound to carry all of them

0:02:38.200 --> 0:02:41.520
<v Speaker 1>as long as there's enough capacity. Uh. They also have

0:02:41.600 --> 0:02:44.160
<v Speaker 1>to have the fee to carry the passenger or freight

0:02:44.600 --> 0:02:47.040
<v Speaker 1>to be paid. I mean that that has to happen too,

0:02:47.120 --> 0:02:49.720
<v Speaker 1>so they don't do it for free. Uh and as

0:02:49.760 --> 0:02:53.320
<v Speaker 1>long as there are no reasonable grounds to deny entry.

0:02:53.600 --> 0:02:55.280
<v Speaker 1>So in other words, let's have an example. Let's say

0:02:55.280 --> 0:02:59.040
<v Speaker 1>there's a city bus with plenty of seats available. That

0:02:59.120 --> 0:03:03.160
<v Speaker 1>bus would not be allowed under common carriage laws to

0:03:03.240 --> 0:03:06.560
<v Speaker 1>refuse service to a person who has bus fair unless

0:03:06.600 --> 0:03:09.560
<v Speaker 1>the bus driver had reasonable grounds to deny entry. So

0:03:09.639 --> 0:03:11.880
<v Speaker 1>let's say that the person who wants to get on

0:03:11.919 --> 0:03:14.480
<v Speaker 1>the bus is waving around a huge club and singing

0:03:14.480 --> 0:03:16.280
<v Speaker 1>Beach Boys songs at the top of his lungs. That

0:03:16.320 --> 0:03:18.840
<v Speaker 1>you probably wouldn't think that guy is safe to let

0:03:18.880 --> 0:03:21.040
<v Speaker 1>onto your bus. You might be able to argue those

0:03:21.040 --> 0:03:24.919
<v Speaker 1>are reasonable grounds to deny entry. However, assuming that that

0:03:25.000 --> 0:03:29.400
<v Speaker 1>person waiting for the bus has shows no reason why

0:03:29.480 --> 0:03:32.640
<v Speaker 1>you would deny him or her entry, you have to

0:03:32.760 --> 0:03:35.840
<v Speaker 1>let that person on by the rules of common carriage.

0:03:36.280 --> 0:03:39.640
<v Speaker 1>Another important element is that common carriers are expected to

0:03:39.720 --> 0:03:43.360
<v Speaker 1>charge what is called a reasonable price, sometimes a just

0:03:43.800 --> 0:03:47.320
<v Speaker 1>and reasonable price for their services. So this really means

0:03:47.360 --> 0:03:51.000
<v Speaker 1>a common carrier can't charge one person more than another

0:03:51.080 --> 0:03:54.800
<v Speaker 1>person for no good reason. Now, there aren't good reasons

0:03:54.840 --> 0:03:58.680
<v Speaker 1>to charge different amounts in specific examples. So let's say

0:03:58.720 --> 0:04:01.480
<v Speaker 1>you are a freight company, for example, and you're hired

0:04:01.480 --> 0:04:06.560
<v Speaker 1>to transport hazardous materials. That could justify a higher transportation

0:04:06.680 --> 0:04:10.080
<v Speaker 1>fee for that particular job because it comes with greater

0:04:10.240 --> 0:04:13.000
<v Speaker 1>risk than what it would normally be for you know,

0:04:13.200 --> 0:04:17.400
<v Speaker 1>regular cargo. So there are exceptions. But otherwise you couldn't

0:04:17.440 --> 0:04:21.200
<v Speaker 1>say I'm going to charge everyone in this town one

0:04:21.200 --> 0:04:24.120
<v Speaker 1>price to ride on my train, but everyone in this

0:04:24.200 --> 0:04:27.520
<v Speaker 1>other town has to pay this other price only because

0:04:27.520 --> 0:04:30.400
<v Speaker 1>I hate that town, so that town has everyone there

0:04:30.400 --> 0:04:32.280
<v Speaker 1>has to pay me more as I don't want them

0:04:32.279 --> 0:04:36.320
<v Speaker 1>on my train. Otherwise that would not be allowed, so

0:04:37.600 --> 0:04:42.800
<v Speaker 1>let's move ahead. In nineteen ten, seven Act was modified

0:04:43.080 --> 0:04:47.480
<v Speaker 1>so that it also covered telegraph and the burgeoning telephone companies.

0:04:48.000 --> 0:04:50.360
<v Speaker 1>One of the issues customers faced in those early days

0:04:50.360 --> 0:04:53.200
<v Speaker 1>was a lack of assurance that their telegraph messages would

0:04:53.200 --> 0:04:57.520
<v Speaker 1>actually get through to their intended destinations. So some companies

0:04:57.640 --> 0:05:01.080
<v Speaker 1>were charging extra fees to in sure that the message

0:05:01.080 --> 0:05:03.600
<v Speaker 1>would be repeated all the way down to the end

0:05:03.640 --> 0:05:06.560
<v Speaker 1>of the line. Now courts decided that that was an

0:05:06.680 --> 0:05:11.320
<v Speaker 1>unfair practice. That a customer has a reasonable expectation that

0:05:11.400 --> 0:05:15.120
<v Speaker 1>a service provider will actually provide the service that was

0:05:15.160 --> 0:05:18.520
<v Speaker 1>paid for and should the customers shouldn't be charged extra

0:05:18.720 --> 0:05:21.359
<v Speaker 1>just to be certain of it. Moreover, it should be

0:05:21.400 --> 0:05:24.760
<v Speaker 1>on service providers to prove they are doing their job,

0:05:25.240 --> 0:05:28.840
<v Speaker 1>rather than the burden being on customers to prove that

0:05:28.880 --> 0:05:32.840
<v Speaker 1>the providers are falling short. Because the providers are privy

0:05:32.920 --> 0:05:34.839
<v Speaker 1>to all the information, so they should be the ones

0:05:34.880 --> 0:05:37.160
<v Speaker 1>who had the responsibility to prove that they're doing what

0:05:37.200 --> 0:05:40.600
<v Speaker 1>they say they're doing. And another issue was the fact

0:05:40.640 --> 0:05:43.840
<v Speaker 1>that the telephone system in the United States was effectively

0:05:44.000 --> 0:05:47.440
<v Speaker 1>a monopoly. Bell Telephone, which became a T and T

0:05:47.640 --> 0:05:51.400
<v Speaker 1>in eight five, got a headstart on other companies and

0:05:51.480 --> 0:05:54.280
<v Speaker 1>laid on infrastructure that only worked with the phones made

0:05:54.279 --> 0:05:57.160
<v Speaker 1>by Western Electric. So you have this partnership between Bell

0:05:57.240 --> 0:06:00.599
<v Speaker 1>Telephone and Western Electric, which effectively meant they were the

0:06:00.640 --> 0:06:03.560
<v Speaker 1>only players in town. If you were an independent uh

0:06:03.640 --> 0:06:08.200
<v Speaker 1>telephone service company, your phones would not work on the

0:06:08.200 --> 0:06:12.320
<v Speaker 1>Bell Telephone infrastructure, so that edged out competitors, and in

0:06:12.480 --> 0:06:15.400
<v Speaker 1>nineteen thirteen, Bell Telephone in the US Justice Department worked

0:06:15.400 --> 0:06:18.599
<v Speaker 1>out a deal to limit Bell from scooping up independent

0:06:18.640 --> 0:06:22.560
<v Speaker 1>competing companies and from preventing other competitors from using Bell's

0:06:22.600 --> 0:06:25.719
<v Speaker 1>long distance lines they were allowed to use Bells network.

0:06:26.279 --> 0:06:28.880
<v Speaker 1>This was in response to an antitrust lawsuit that was

0:06:28.880 --> 0:06:31.240
<v Speaker 1>being brought against Bell Telephone, and in order to head

0:06:31.279 --> 0:06:33.760
<v Speaker 1>it off, Bell Telephone said, you know what, we're going

0:06:33.800 --> 0:06:36.679
<v Speaker 1>to change these policies we've had so that you don't

0:06:36.720 --> 0:06:39.960
<v Speaker 1>sue us. And it worked and the value of the

0:06:39.960 --> 0:06:43.120
<v Speaker 1>service was considered to be too important to allow unregulated

0:06:43.160 --> 0:06:45.920
<v Speaker 1>control of it. So that's where we started seeing some

0:06:45.960 --> 0:06:49.800
<v Speaker 1>regulation enter into the telephone industry. Now, there's a series

0:06:49.800 --> 0:06:52.840
<v Speaker 1>of tech Stuff podcasts about the history of A T

0:06:53.000 --> 0:06:55.320
<v Speaker 1>and T in which Lauren Voege, Obama and I explored

0:06:55.360 --> 0:06:56.960
<v Speaker 1>how A T and T came about and how it

0:06:57.000 --> 0:06:59.839
<v Speaker 1>was split up more than once due to concerns like these.

0:07:00.520 --> 0:07:02.839
<v Speaker 1>If you are interested in that, you should go check

0:07:02.880 --> 0:07:08.120
<v Speaker 1>out those episodes. Now, getting back to the telephone industry

0:07:08.160 --> 0:07:11.880
<v Speaker 1>as a whole, in nineteen thirty four, Congress pass the

0:07:11.920 --> 0:07:16.560
<v Speaker 1>Communications Act, which created the Federal Communications Commission, which oversaw

0:07:16.680 --> 0:07:20.760
<v Speaker 1>radio transmissions as well as telecommunications. So this is what

0:07:20.960 --> 0:07:25.440
<v Speaker 1>established the Title two that the FCC refers to today

0:07:25.480 --> 0:07:27.320
<v Speaker 1>when it comes to I s p s. They talked

0:07:27.320 --> 0:07:31.200
<v Speaker 1>about reclassifying I s p s under Title two. This

0:07:31.280 --> 0:07:34.880
<v Speaker 1>is the Act that classified telephone systems as common carriers.

0:07:35.280 --> 0:07:39.120
<v Speaker 1>It's been amended several times over the following decades, including

0:07:39.160 --> 0:07:43.120
<v Speaker 1>extensive alterations that were made during the Telecommunications Act of

0:07:43.240 --> 0:07:47.160
<v Speaker 1>nineteen nine six. So let's move on to transmitting computer

0:07:47.240 --> 0:07:51.040
<v Speaker 1>data over networks. In nineteen seventies and nineteen eighties, before

0:07:51.040 --> 0:07:54.360
<v Speaker 1>most people knew about a network of networks. You know,

0:07:54.440 --> 0:07:56.880
<v Speaker 1>our bonnet was a thing. Internet was becoming a thing,

0:07:56.960 --> 0:07:59.560
<v Speaker 1>but most people didn't know about it. The common way

0:07:59.560 --> 0:08:02.320
<v Speaker 1>to connect to a computer was to use a modem

0:08:02.400 --> 0:08:05.760
<v Speaker 1>for direct machine to machine connection over the telephone system.

0:08:05.840 --> 0:08:08.360
<v Speaker 1>So you would have a dial up modem and you

0:08:08.360 --> 0:08:11.360
<v Speaker 1>would use it to dial a phone number. The computer

0:08:11.440 --> 0:08:13.960
<v Speaker 1>on the other end would essentially answer the phone, and

0:08:13.960 --> 0:08:16.920
<v Speaker 1>then you would have computer to computer communication. But it

0:08:16.960 --> 0:08:19.880
<v Speaker 1>wasn't an Internet, right, It wasn't a network of networks.

0:08:19.920 --> 0:08:24.080
<v Speaker 1>It was the machine to machine communication. Regular computer data

0:08:24.640 --> 0:08:28.400
<v Speaker 1>was considered a transmission service and fell under titled two,

0:08:28.840 --> 0:08:34.719
<v Speaker 1>which meant that any any transmission service cannot be prioritized,

0:08:35.040 --> 0:08:37.840
<v Speaker 1>it can't be discriminated against. It all has to be

0:08:37.920 --> 0:08:42.240
<v Speaker 1>treated equally. But there were specific services companies provided in

0:08:42.280 --> 0:08:44.040
<v Speaker 1>which you could connect to a computer to get a

0:08:44.440 --> 0:08:47.840
<v Speaker 1>get particular information like a weather report or stock information

0:08:47.920 --> 0:08:51.000
<v Speaker 1>or sports scores, things like that. These were considered to

0:08:51.040 --> 0:08:55.559
<v Speaker 1>be enhanced services, so this was classified under Title one

0:08:55.640 --> 0:09:00.000
<v Speaker 1>of the Communications Act, which is unregulated. So the transmission

0:09:00.080 --> 0:09:03.640
<v Speaker 1>was regulated, but these specific services were unregulated. The enhanced

0:09:03.640 --> 0:09:07.240
<v Speaker 1>services didn't fall under common carriage terms. Companies could charge

0:09:07.240 --> 0:09:09.280
<v Speaker 1>a fee for customers to use them that would be

0:09:09.360 --> 0:09:11.040
<v Speaker 1>on top of any phone bill for use of the

0:09:11.040 --> 0:09:14.920
<v Speaker 1>transmission lines themselves. Okay, so let's say a phone company

0:09:15.000 --> 0:09:18.880
<v Speaker 1>offers up its own enhanced service and some other company

0:09:18.960 --> 0:09:23.400
<v Speaker 1>offers a competing enhanced service. The transmission of data falls

0:09:23.440 --> 0:09:26.640
<v Speaker 1>under common carriage, which means that phone company could not

0:09:26.800 --> 0:09:30.840
<v Speaker 1>prevent customers from accessing the competitors enhanced service. That would

0:09:30.840 --> 0:09:33.600
<v Speaker 1>be unfair. So this is the beginning of the concept

0:09:33.800 --> 0:09:41.840
<v Speaker 1>of net neutrality. The Telecommunications Act redefined enhanced services as

0:09:41.880 --> 0:09:46.680
<v Speaker 1>information services and also ratify the differences between transmission services

0:09:46.840 --> 0:09:50.199
<v Speaker 1>information services, putting into policy what the FCC had sort

0:09:50.240 --> 0:09:53.280
<v Speaker 1>of made up as it went along, so the transmission

0:09:53.360 --> 0:09:56.800
<v Speaker 1>of services met the terms of common carriage. The telephone

0:09:56.800 --> 0:09:59.520
<v Speaker 1>company treated all dial up services the same, all had

0:09:59.600 --> 0:10:04.000
<v Speaker 1>equal access under the system, the actual services, the apps

0:10:04.040 --> 0:10:07.960
<v Speaker 1>that people were accessing, those were enhanced or information services.

0:10:08.640 --> 0:10:11.800
<v Speaker 1>We'll be back with more about common carriers after these

0:10:11.840 --> 0:10:27.080
<v Speaker 1>brief messages. That's not confusing enough, Let's move into the

0:10:27.120 --> 0:10:29.920
<v Speaker 1>early era of broadband. This is when we start seeing

0:10:29.920 --> 0:10:34.240
<v Speaker 1>dial up modems fade away and DSL began to arrive. Now,

0:10:34.280 --> 0:10:37.200
<v Speaker 1>the FCC continued to apply that distinctions made during the

0:10:37.200 --> 0:10:40.719
<v Speaker 1>telephone era. The phone companies would have to carry DSL

0:10:40.800 --> 0:10:44.800
<v Speaker 1>signals as common carriage. They couldn't discriminate against them. The

0:10:44.840 --> 0:10:49.359
<v Speaker 1>apps are services running on the DSL connections were unregulated

0:10:49.440 --> 0:10:53.560
<v Speaker 1>information services. And then we get to two thousand two. Now,

0:10:53.600 --> 0:10:57.599
<v Speaker 1>this is when cable TV companies began offering transmission services

0:10:57.640 --> 0:11:00.960
<v Speaker 1>of Internet data at high speeds, at least relative to

0:11:01.080 --> 0:11:03.480
<v Speaker 1>dial up speeds at any rate. And this is where

0:11:03.520 --> 0:11:07.680
<v Speaker 1>things get muddy. See the FCC classified cable broadband service

0:11:07.920 --> 0:11:12.439
<v Speaker 1>under Title one, not titled two. That means both the

0:11:12.480 --> 0:11:16.800
<v Speaker 1>transmission of data over cable and the information services provided

0:11:17.160 --> 0:11:21.480
<v Speaker 1>would be unregulated. There will be no reason for regulation

0:11:21.520 --> 0:11:24.360
<v Speaker 1>there because it's all under Title one. So why not

0:11:24.400 --> 0:11:27.440
<v Speaker 1>treat cable transmission of data the same way as the

0:11:27.440 --> 0:11:32.480
<v Speaker 1>telephone system largely comes down to politics. At this time,

0:11:32.480 --> 0:11:36.080
<v Speaker 1>Republicans had a majority in government and they favored deregulation.

0:11:36.559 --> 0:11:39.640
<v Speaker 1>And the reasons for favoring deregulation was that they thought

0:11:39.640 --> 0:11:42.800
<v Speaker 1>it was going to promote risk taking and competition and innovation.

0:11:43.480 --> 0:11:45.720
<v Speaker 1>The in reality, that's not necessarily the case. I mean,

0:11:45.720 --> 0:11:48.600
<v Speaker 1>if you look at the Bell telephone system story, that

0:11:48.679 --> 0:11:53.439
<v Speaker 1>kind of shows what happens with deregulation, and it required

0:11:53.520 --> 0:11:55.960
<v Speaker 1>the government to actually come in and intervene in order

0:11:55.960 --> 0:12:01.840
<v Speaker 1>to avoid a monopoly that could completely take advantage of customers. Well,

0:12:01.880 --> 0:12:04.440
<v Speaker 1>in two thousand five, the f c C said that

0:12:04.559 --> 0:12:08.400
<v Speaker 1>DSL would also be reclassified under Title one, So this

0:12:08.480 --> 0:12:12.600
<v Speaker 1>makes the the whole situation even more complicated. Telephone systems

0:12:12.600 --> 0:12:15.559
<v Speaker 1>are still titled too, but DSL and cable are now

0:12:15.600 --> 0:12:18.199
<v Speaker 1>Title one and are unregulated. Now this meant that cable

0:12:18.200 --> 0:12:21.400
<v Speaker 1>and DSL companies wouldn't have to ask permission to incorporate

0:12:21.520 --> 0:12:24.640
<v Speaker 1>fast lanes for the Internet, so they could give preferential

0:12:24.720 --> 0:12:28.920
<v Speaker 1>treatment to some customers over others for a fee. And

0:12:28.960 --> 0:12:31.480
<v Speaker 1>because Title one is unregulated, there also was no fear

0:12:31.520 --> 0:12:34.280
<v Speaker 1>of the FCC butting in should a cable or DSL

0:12:34.320 --> 0:12:37.800
<v Speaker 1>company block data they didn't want to carry, such as

0:12:37.880 --> 0:12:42.480
<v Speaker 1>data from a competitor or from torrent sites. So, you know,

0:12:42.520 --> 0:12:45.320
<v Speaker 1>we talked earlier about the common carriers. You know, one

0:12:45.360 --> 0:12:49.080
<v Speaker 1>of the defining factors is that they cannot refuse service

0:12:49.640 --> 0:12:51.920
<v Speaker 1>as long as a person is able to pay the fee.

0:12:53.120 --> 0:12:55.640
<v Speaker 1>If it's a Title one, it's not a common carrier,

0:12:55.720 --> 0:12:59.280
<v Speaker 1>and so it can deny service. So if you own

0:12:59.480 --> 0:13:05.359
<v Speaker 1>the transmission lines and you have a content provider like YouTube,

0:13:06.000 --> 0:13:10.000
<v Speaker 1>and you think, I've got my own content provider program

0:13:10.160 --> 0:13:13.560
<v Speaker 1>where people users can upload video, and I don't want to.

0:13:13.640 --> 0:13:15.920
<v Speaker 1>I don't want to compete against YouTube because YouTube is

0:13:15.960 --> 0:13:19.040
<v Speaker 1>gonna is gonna make my tool obsolete. I'm just not

0:13:19.080 --> 0:13:22.599
<v Speaker 1>gonna allow YouTube to go across my transmission lines. Technically,

0:13:22.840 --> 0:13:26.040
<v Speaker 1>you could do that under Title one, because there's no

0:13:26.400 --> 0:13:29.199
<v Speaker 1>you're not a common carrier. You're not You're not obligated

0:13:29.240 --> 0:13:33.120
<v Speaker 1>to carry all legal information. Beyond that, there was no

0:13:33.160 --> 0:13:36.360
<v Speaker 1>requirement for cable companies to provide services for a quote

0:13:36.520 --> 0:13:39.920
<v Speaker 1>just and reasonable fee end quote. They could charge whatever

0:13:39.960 --> 0:13:42.600
<v Speaker 1>they wanted. So in two thousand and eight things came

0:13:42.640 --> 0:13:47.079
<v Speaker 1>to a head. The FCC find Comcast because Comcast had

0:13:47.080 --> 0:13:50.839
<v Speaker 1>blocked peer to peer traffic through bit torrent. Now, first

0:13:50.880 --> 0:13:54.280
<v Speaker 1>we have to keep in mind there's nothing inherently illegal

0:13:54.480 --> 0:13:57.880
<v Speaker 1>or immoral or unethical about bit torrent. There's nothing wrong

0:13:58.000 --> 0:14:01.400
<v Speaker 1>with the technology. It's a method of data transmission that

0:14:01.440 --> 0:14:04.760
<v Speaker 1>works well for large files. Peer to peer is great

0:14:04.800 --> 0:14:07.040
<v Speaker 1>if you're trying to move a huge amount of information

0:14:07.160 --> 0:14:10.280
<v Speaker 1>in a relatively short amount of time. Now, some of

0:14:10.320 --> 0:14:14.080
<v Speaker 1>those files were pired in material. They were illegal files,

0:14:14.160 --> 0:14:16.760
<v Speaker 1>and there were plenty of huge files that were legal.

0:14:17.080 --> 0:14:19.440
<v Speaker 1>They should have been able to transmit freely. But because

0:14:19.800 --> 0:14:23.560
<v Speaker 1>bit torrent was being seen as the pirate tool, Comcast

0:14:23.640 --> 0:14:27.080
<v Speaker 1>blocked it. So the FCC gets involved, and the FEC

0:14:27.200 --> 0:14:29.480
<v Speaker 1>says to Comcast, hey, you can't do that. You can't

0:14:29.480 --> 0:14:32.680
<v Speaker 1>just block this stuff just because you don't like some

0:14:32.800 --> 0:14:35.800
<v Speaker 1>of the activity that's going on over there. And Comcast

0:14:35.840 --> 0:14:38.800
<v Speaker 1>responds with I'm sure we can. We're not common carriers

0:14:38.920 --> 0:14:42.160
<v Speaker 1>were classified under Title one, not Title two. And the

0:14:42.200 --> 0:14:46.560
<v Speaker 1>FCC says uh, And it goes to court and the

0:14:46.600 --> 0:14:51.240
<v Speaker 1>courts end up agreeing ultimately with Comcast. The FCC doesn't

0:14:51.240 --> 0:14:54.760
<v Speaker 1>have the authority to regulate cable companies because they're classified

0:14:54.760 --> 0:14:58.920
<v Speaker 1>as Title one not Titled two. So that's why there's

0:14:58.920 --> 0:15:01.080
<v Speaker 1>now this move to reclass VI I s p s

0:15:01.160 --> 0:15:04.200
<v Speaker 1>under Title two instead of Title one. So the argument

0:15:04.200 --> 0:15:07.320
<v Speaker 1>for reclassification is that it will require I sps to

0:15:07.320 --> 0:15:11.040
<v Speaker 1>play fairly with content providers and with customers. The companies

0:15:11.040 --> 0:15:13.200
<v Speaker 1>will have to adhere to the rules of Title two

0:15:13.480 --> 0:15:15.520
<v Speaker 1>and will come under the regulation of the f c C.

0:15:16.040 --> 0:15:19.280
<v Speaker 1>So a company like Comcast, which isn't just a transmission

0:15:19.320 --> 0:15:22.920
<v Speaker 1>service provider but is also a content provider, can't favor

0:15:22.960 --> 0:15:27.480
<v Speaker 1>its own services at the expense of others. However, even

0:15:27.560 --> 0:15:31.320
<v Speaker 1>in this proposal, FCC Chairman Wheeler has suggested that the

0:15:31.400 --> 0:15:35.120
<v Speaker 1>FCC would forbear or waive certain elements of Title Too

0:15:35.280 --> 0:15:39.960
<v Speaker 1>not directly associated with net neutrality, which includes the requirement

0:15:40.000 --> 0:15:43.840
<v Speaker 1>to share networks and on rate regulations. So while cable

0:15:43.840 --> 0:15:47.200
<v Speaker 1>companies wouldn't be able to block legal content or prioritize

0:15:47.240 --> 0:15:50.400
<v Speaker 1>traffic for sites for a price, they could totally continue

0:15:50.440 --> 0:15:53.880
<v Speaker 1>to charge customers whatever they like for their services. So

0:15:53.920 --> 0:15:56.960
<v Speaker 1>some people object to reclassifying I s p s as

0:15:57.000 --> 0:16:01.440
<v Speaker 1>Titled too. Like the cable companies, they really object to

0:16:01.560 --> 0:16:05.400
<v Speaker 1>it now. They say that if the cable companies are

0:16:05.480 --> 0:16:08.080
<v Speaker 1>real or I s p s or reclassified as title

0:16:08.120 --> 0:16:12.960
<v Speaker 1>to the Internet, will become heavily regulated uh and innovation

0:16:12.960 --> 0:16:15.760
<v Speaker 1>will be stifled. But the flip side of this is

0:16:15.800 --> 0:16:18.520
<v Speaker 1>that it will be a fair playing ground. So if

0:16:18.560 --> 0:16:22.480
<v Speaker 1>we had access to lots of competitors in the I

0:16:22.680 --> 0:16:26.440
<v Speaker 1>s P space for service, I wouldn't be really concerned

0:16:26.440 --> 0:16:31.280
<v Speaker 1>about deregulation because we could always switch providers if we

0:16:31.320 --> 0:16:33.640
<v Speaker 1>didn't like the service, if we felt they were being unfair,

0:16:34.000 --> 0:16:36.600
<v Speaker 1>we could look to a competitor, and in fact, that

0:16:36.680 --> 0:16:40.520
<v Speaker 1>competition could drive everyone to being as fair as possible

0:16:40.560 --> 0:16:45.000
<v Speaker 1>so that they didn't run off their customers. But the

0:16:45.000 --> 0:16:47.920
<v Speaker 1>truth of the matter is that many people, including myself,

0:16:48.000 --> 0:16:50.600
<v Speaker 1>have very limited choices when it comes to I s

0:16:50.640 --> 0:16:53.000
<v Speaker 1>p s. In some cases, there's no choice at all.

0:16:53.120 --> 0:16:56.120
<v Speaker 1>You have one option. You either go with this company

0:16:56.240 --> 0:16:59.120
<v Speaker 1>or you don't have internet. That's a problem with dealing

0:16:59.120 --> 0:17:02.320
<v Speaker 1>with an effective and pie. The consumer loses out. And

0:17:02.360 --> 0:17:04.879
<v Speaker 1>the cable industry claims that this regulation is going to

0:17:04.920 --> 0:17:10.200
<v Speaker 1>discourage those companies from investing in infrastructure because it will

0:17:10.280 --> 0:17:13.040
<v Speaker 1>hurt revenue to have regulation. They said that if the

0:17:13.080 --> 0:17:15.919
<v Speaker 1>government determines how much money we're able to make, then

0:17:15.960 --> 0:17:19.320
<v Speaker 1>there's no reason for us to try and innovate and

0:17:19.440 --> 0:17:23.720
<v Speaker 1>build out our infrastructures. On the other hand, it encourages

0:17:23.800 --> 0:17:27.040
<v Speaker 1>new players in the space like Google Fiber, which is

0:17:27.080 --> 0:17:30.720
<v Speaker 1>investing huge amounts to bring broadband speeds to households in

0:17:30.760 --> 0:17:34.320
<v Speaker 1>certain markets. So if the cable companies wish to keep

0:17:34.400 --> 0:17:38.000
<v Speaker 1>their customers, they'll have to compete with the newcomers, which

0:17:38.040 --> 0:17:41.800
<v Speaker 1>means that it does encourage investment in infrastructure, it just

0:17:41.960 --> 0:17:45.840
<v Speaker 1>means lower profits. That's really what these big companies are

0:17:45.840 --> 0:17:51.200
<v Speaker 1>afraid of. So they either continue to compete by building

0:17:51.200 --> 0:17:54.760
<v Speaker 1>out this infrastructure or they get out of the game entirely,

0:17:55.240 --> 0:17:58.160
<v Speaker 1>which I don't think is a likely outcome now. As

0:17:58.160 --> 0:18:01.600
<v Speaker 1>for excessive regulation, I don't diticipate that being a huge problem.

0:18:01.600 --> 0:18:04.360
<v Speaker 1>I think we're more likely to see the FCC watching

0:18:04.400 --> 0:18:06.760
<v Speaker 1>to make sure cable companies follow the rules under title

0:18:06.840 --> 0:18:11.720
<v Speaker 1>two should that reclassification actually happen. That wraps up that

0:18:11.840 --> 0:18:16.080
<v Speaker 1>classic episode about common carriers. Hope you found that informative

0:18:16.119 --> 0:18:19.119
<v Speaker 1>and interesting. If you have suggestions for topics that we

0:18:19.119 --> 0:18:22.359
<v Speaker 1>should cover on future episodes of Tech Stuff, please reach

0:18:22.400 --> 0:18:24.520
<v Speaker 1>out to me on Twitter. The handle for the show

0:18:24.720 --> 0:18:27.720
<v Speaker 1>is tech Stuff hs W and I'll talk to you

0:18:27.760 --> 0:18:36.960
<v Speaker 1>again really soon. Text Stuff is an I heart Radio production.

0:18:37.200 --> 0:18:40.000
<v Speaker 1>For more podcasts from my heart Radio, visit the i

0:18:40.119 --> 0:18:43.359
<v Speaker 1>heart Radio app, Apple Podcasts, or wherever you listen to

0:18:43.400 --> 0:18:44.320
<v Speaker 1>your favorite shows.