Browse > Article
http://dx.doi.org/10.7472/jksii.2021.22.4.123

A Study on the Charge of Using the Internet Network - Focusing on U.S. Internet History and Charter Merger Approval Conditions Litigation -  

Cho, Dae-Keun (Sogang University, Graduate School of Public Policy)
Publication Information
Journal of Internet Computing and Services / v.22, no.4, 2021 , pp. 123-134 More about this Journal
Abstract
This paper suggests that the Internet is not free through analysis of U.S. Internet history and lawsuits related to the Charter merger in 2016. Generally speaking, the players in internet connectivity market agree to Non-Disclosure Agreement, when connecting their facilities and networks each other. So, I adopted the case study & analysis as research methodologies due to limitation of collecting the transaction data between them. The former finds that Internet access has never been free in U.S Internet history. As we know, some including Content Providers(CPs) argue that the Internet is a free network and there are many cases to use the internet for free, so they came to conclusion that ISPs have no right to charge the users like CPs. This study refutes these arguments in two ways. One is that using the internet has never been free. From ARPANET, known as the beginning of the U.S. Internet, to the commercialization of backbone, no Internet has been considered or implemented for free since the early Internet network was devised. Also, the U.S government was paying subsidies or institutions were paying fees to secure network operations for the NSFNET backbone. the other is that "free peering" refers to barter transactions between ISPs, not to free access to counterpart internet networks. Second, this study analyze the FCC' executive order of conditioned merger approval and the court's related ruling and verify that using the internet is not free. According to the analysis, this study finds that it's real situation to make paid settlements between ISP-CPs (including OTTs) in the US Internet market at the moment. This study concludes that the Internet has never been free in terms of its technical characteristics, network structure, network operation, and system. Also it proposes how to improve the domestic settlement system between ISPs-CPs in terms of policy and regulation.
Keywords
Internet; Peering; Net neutrality; Access fee; Charter Merger;
Citations & Related Records
연도 인용수 순위
  • Reference
1 MacKie-Mason, J. K., & Varian, H. R. Pricing the internet. Public access to the Internet, 269, 273, 1995.
2 Noam, E. M.. Interconnecting the network of networks., 318, Cambridge, Mass.: MIT Press, 2001.
3 Yoo, Christopher S., The Dynamic Internet: How Technology, Users, and Businesses are Transforming the Network (2012). The Dynamic Internet: How Technology, Users, and Businesses are Transforming the Network (AEI Press 2012), U of Penn Law School, Public Law Research Paper No. 12-40, Available at SSRN: https://ssrn.com/abstract=2160397
4 Competitive Enterprise Institute v. Federal Communications Commission, No. 18-1281 (D.C. Cir. 2020)
5 Bum Jun Kim, "The legal and the court system of the United States., Comparative Analysis on Legislation and Issues", KLRI, 2010.
6 Dae-Keun Cho, Sung Cheol Park, "A Study on Comparison among Network Slicing, Specialized services & Paid Prioritization services in 5G era", Korean Journal of Broadcasting & Telecommunications Research, 103-134, 2018.10.
7 Ji Hoon, Jung, The History of almost every Internet (14) - the birth of TCP/IP and Ethernet, 2013. https://www.venturesquare.net/514020
8 Cohen-Almagor, R.. Internet history. In Moral, ethical, and social dilemmas in the age of technology: Theories and practice, pp. 19-39. IGI Global., 2013.
9 Leiner, B. M., Cerf, V. G., Clark, D. D., Kahn, R. E., Kleinrock, L., Lynch, D. C., ... & Wolff, S.. A brief history of the Internet. ACM SIGCOMM Computer Communication Review, 39(5), 22-31, 2009.   DOI
10 MacKie-Mason, Joseph P.Bailey, Internet Economics, 525, MIT, Fifth Printing, 1999.
11 Gerald W.Brock. The Economics of Interconnection, Teleport Communication Group, 1995.
12 Cybertelecom, History and Evolution of Internet Backbones & Interconnection, Cybertelecom Federal Internet Law & Policy An Educational Project, 2019. http://www.cybertelecom.org/broadband/backbone3.htm#sfp
13 Economides, N. The economics of the Internet backbone. NYU, Law and Economics Research Paper, (04-033), 04-23, 2005.
14 AT&T Reply at 95, n.343., https://www.neca.org/docs/default-source/wwpdf/public/33115fcc.pdf
15 ICT Glossary explanation Connectionless, ktword, http://www.ktword.co.kr/abbr_view.php?m_temp1=475
16 FCC, Restoring Internet Freedom Order, 33 FCC Rcd at 412-13, 2017.12.
17 FCC , "In re Applications of Charter Communications, Inc., Time Warner Cable Inc., And Advance/Newhouse Partnership For Consent to Assign or Transfer Control of Licenses and Authorizations, Memorandum Opinion and Order", 31 FCC Rcd 6327 (2016), 2016.
18 Dae-Keun Cho, "Interconnection Fee or Access fee? - Focusing on ISP-CP settlement dispute-", Journal of Internet Computing and Services, 21(5), 9-20, 2020. http://dx.doi.org/10.7472/jksii.2020.21.5.9   DOI