Perspectives from FSF Scholars April 2, 2024 Vol. 19, No. 11

One of the issues garnering significant attention is "network slicing," called "a core component of the 5G standard being deployed in networks around the world." The debate surrounding “network slicing” is welcome because it rather convincingly demonstrates the inherently problematic nature of the proposal to impose public utility regulation on Internet service providers in a technologically dynam. [...] According to the OTI – Public Knowledge group, to determine whether network slicing may be used as part of BIAS, a mobile operator need only abide a four-part test that demands nondiscriminatory access to network slices for third parties and includes highly subjective concepts, such as network slicing may "not significantly degrade the performance of the default BIAS service available at that time. [...] They ask the Commission in their March 11 ex parte to hold that a type of service “evades” Open Internet protections unless “the particular type of application requires a specific level of quality of service, which is objectively necessary for the specific type of application.” Take a moment to focus on the italicized terms: “particular,” “specific,” “objectively.” You don’t need to be a linguisti. [...] They do serve the purpose, however, of laying bare the unacceptable level of regulatory uncertainty that Title II reclassification of broadband Internet access would inject, unnecessarily and inevitably, into a vibrantly competitive marketplace utterly devoid of instances of present consumer harm. [...] The views expressed in this Perspectives do not necessarily reflect the views of others on the staff of the Free State Foundation or those affiliated with it.