25 of 47 U.S.C. §§ 201, 202 (part II.A) and then in the context of § 706 of the 1996 Act (part II.B). II Having reclassified broadband service under Title II, the Commission has relied on two specific provisions to sustain its actions: § 201(b) of the Communications Act, 47 U.S.C. § 201(b), and § 706 of the Telecommunications Act of 1996, 47 U.S.C. § 1302. The petitioners contend that neither provides adequate support for the Commission’s actions. Furthermore, as just mentioned, the Commission’s arguments here bear directly on the reasonableness of the reclassification decision itself. A Petitioners Alamo Broadband Inc. and Daniel Berninger (“Alamo-Berninger”) argue that even if Title II could properly be applied to broadband service, that Title gives the Commission no authority to prohibit reasonable rate distinctions. Alamo-Berninger Br. 17-19. Berninger is a would-be edge provider working on new technology that he believes could provide much enhanced telephone service—but only if he could be assured that “latency, jitter, and packet loss in the transmission of a communication will [not] threaten voice quality and destroy the value proposition of a highdefinition service.” Declaration of Daniel Berninger, October 13, 2015, at 2. He is ready to pay for the assurance of highquality service, and asserts that the Commission’s ban on paid prioritization will obstruct successful commercial development of his innovation. Berninger appears to be exactly the sort of small, innovative edge provider that the Commission claims its Order is designed to assist. In the

اختر الفقرة المستهدفة3

الاتصال بفقرة
Connect to an entity
Disable highlights
أضف إلى جدول المحتويات