Long Before Net Neutrality, Rules Leveled The Landscape For Phone Services : All Tech Considered The new FCC rules require service providers to be a neutral gateway to the Internet. The move has precedent in the 1930s, when regulators enacted "common carrier" rules on phone service companies.

Long Before Net Neutrality, Rules Leveled The Landscape For Phone Services

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Yesterday, the Federal Communications Commission voted to regulate access to the Internet, treating the Internet as a utility. The FCC is using something called Title 2 of the 1934 Communications Act. Critics say this is an old, dusty law that applies to phone service, not something more modern and complex. NPR's Laura Sydell looks at why Title 2 was first enacted and whether there are parallels today.

LAURA SYDELL, BYLINE: Flash back to the 1920s and early 1930s. When you picked up a phone, you heard a voice.



SYDELL: An army of hundreds of thousands of women operated America's switchboards. They were the public face of American Telephone and Telegraph. Here's a little promotional video from the AT&T archives.


UNIDENTIFIED MAN: But though the fashions in both equipment and adornment have changed through the years, there's one fashion that has not changed - the fashion of loyalty that has marked these public servants ever since switchboards became their charge.

SYDELL: Notice he calls them public servants. When there was an emergency, people called the switchboard operator, says Dan Schiller, a professor at the University of Illinois who studies communications history.

DAN SCHILLER: The telephone operator was right there bringing in people who could help correct the problem or even talking to subscribers to reassure them that help was on the way.

SYDELL: But AT&T, which had a near monopoly on phone service, upset the public in the 1930s when it began to automate connections and lay off the operators. And you can add some big corporations to the list of those unhappy with AT&T. Phones have become essential to business, and Schiller says the phone companies set its prices according.

SCHILLER: Banks, steel companies, exporters and importers, they were all at the mercy of the biggest corporation in the world. And they didn't like it.

SYDELL: A mix of corporate lobbying and public anger helped lead to the creation of the Communications Act of 1934. Robert MacDougall, a professor of American history at Western University in Canada, says people drew parallels to the railroads and ferries that once tried to make special deals to, say, give some farmers a better rate to carry their wheat than other farmers.

ROBERT MACDOUGALL: If you own a bridge across the Hudson River or a ferry or a railroaded, that gives you considerable power over other sectors of the economy, not just the railroad or the bridge sectors of the economy, but anybody who wants to transport their goods across that river.

SYDELL: To stop unfair pricing and discrimination, the government enacted something called common carrier rules.

MACDOUGALL: It's the idea that certain businesses are so tied to the public good, so instrumental to the workings of the economy that they have a duty to serve everyone, to serve all comers and serve them equally.

SYDELL: Sound familiar? That's basically the definition of net neutrality - the principle that all traffic on the Internet should be treated equally by the companies that provide you access. No discriminating in favor of a company that pays extra. Back in 1934, the Communications Act regulated phone service as a common carrier under a part of the law called Title 2. Supporters of the FCC's vote yesterday to put broadband under Title 2 say the Internet is the railroad, the ferry, the phone service of today. But Milton Mueller, a professor at Syracuse University's School of Information Services, says there are ways in which the analogy does not apply.

MILTON MUELLER: There's literally thousands - if not hundreds of thousands - of different kinds of services that run over the Internet, so the concept of nondiscrimination is much more broadly applicable and you'd have to be very careful about how you want to apply it to this situation.

SYDELL: FCC Chairman Tom Wheeler says he's not going to apply the full scope of Title 2 to the Internet. For example, he says he won't try to regulate pricing. He just wants to make sure that all traffic, ranging from your local hardware store to Netflix, has the same access to you. Nevertheless, the broadband companies say they will fight the new regulations in court. Laura Sydell, NPR News.

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