1.) Define the regulation's scope, that it is, who is being regulated
and why. In this case, I would say 'transit-free Internet carriers'
are the who, and to maintain a 'complete Internet' is the why.
3.) Define 'transit-free Internet carrier.' This has been done
already by Patrick Gilmore and others, and done quite well.
4.) Define 'complete Internet.' I'm staying away from that one. ;-)
5.) Define 'peering arrangement.' This has also been done quite well
by others, so I'll not repeat that here.
6.) Mandate that all transit-free Internet carriers shall maintain
peering arrangements with all other transit-free Internet carriers to
maintain a complete Internet (citing some law that makes a 'complete
Internet' a national security matter, or somesuch, and belongs in 47
CFR 221 as a result).
7.) Mandate that only carriers who voluntarily accept this regulation
may use the term 'Tier 1 Internet Provider' and provide penalties for
Internet providers who wish to 'opt-out' of the regulation but who do
not obtain transit from another provider. IOW, become a Tier 2, no
need for regulation.
8.) Authorize the issuance of a 'Tier 1 Internet Provider' license
(that must be renewed periodically, with documentation supporting the
Tier 1 status) to participating transit-free Internet carriers (for a
fee to cover the opex).
9.) Authorize the FCC's Enforcement Bureau to enforce.
This is, IMHO, the best case regulatory scenario. But I reserve the
right to be wrong. Not that it is a desired scenario, but as far as
regulation goes I think it would be the scenario that does the least
Hmmmm. I need to read that over. Thank you for the reference.
You're very welcome. My previous career was as a broadcast chief
operator. Knowing 47 CFR Parts 1, 2, 73, 74, and 101 was part of
that job (and a part I do not miss). Radio (both amateur and
professional) used to be, prior to the late 1920's, an unregulated
free-for-all similar to the current state of the Internet; but that
proved to be unworkable, eventually producing the Communications Act
of 1934, which established the Federal Communications Commission with
real authority to regulate radio.
If you want to see just how technically ridiculous such regulation
can get, research the term 'CONELRAD' for a horrifying example.
Now, on the flipside, current providers who also happen to be LEC's
covered by 47 CFR 51 might actually not mind the addition of IP
carriage to Part 51's scope. Makes everything consistent for them
and their legal departments. But Part 51 is quite a bit more
cumbersome than the simple 'Regulate the Tier 1's only' outline
above, and carriers who are not already covered by Part 51 would
likely raise a holy tantrum about it.
But I'm sure there are loopholes in my rough outline above; it's too
simple to be real regulation. :-)