Obama on Net Nutrality

"I am concerned ... that the Commission may now attempt to reclassify broadband as a telecommunications service, subjecting it to traditional public utility-type regulation," Lenard said in a statement. "In my opinion, this would be a grave mistake that would undermine the goals of the recently released national broadband plan.

I am pleased that the decision of the U.S. Court of Appeals for the D.C. Circuit emphasizes the limits of the Commission’s authority to regulate the Internet. The D.C. Circuit’s strong words today remind us that as an independent agency, we must always be constrained by the statute. We stray from it at our peril.

With regard to the substantive policy at issue in this case"net neutrality"I would oppose calls to use the court’s decision as a pretext to reclassify broadband Internet access services under monopolyera Title II regulation.

The FCC is firmly committed to promoting an open Internet and to policies that will bring the enormous benefits of broadband to all Americans. It will rest these policies -- all of which will be designed to foster innovation and investment while protecting and empowering consumers -- on a solid legal foundation.

. But the Court in no way disagreed with the importance of preserving a free and open Internet; nor did it close the door to other methods for achieving this important end.”

In Canada traffic management has been allowed since October 2009 by the federal telecom regulator, the Canadian Radio-television and Telecommunications Commission, but only under certain conditions. First, the policies must be neutral and cannot be "unjustly discriminatory nor unduly preferential," a standard set in federal law for all telecommunications. Second, traffic management policies have to be made clear to consumers and wholesale buyers of access. In addition, the regulator has to approve traffic management policies that are more restrictive on a service provider's wholesale purchasers than to its retail customers. Third, the slowing of time-sensitive data (such as live video or VoIP [voice over Internet Protocol] traffic) cannot be done without regulator approval. Generally, the commission said traffic management policies must be "designed to address a defined need, and nothing more."

So far no ISP (Internet service provider) has challenged the commission's ruling.

The Canadian rules apply only to wireline service. The commission is expected to decide this year whether it has the authority to regulate over mobile wireless data services, and, if it does, whether it will apply the same policy to wireless.

According to that PC World article I linked to above, here's how Canada is doing it.