Regulation

Unregulated Google is increasingly pushing for maximal FCC net neutrality and price regulation of its direct broadband competitors, potentially via FCC reclassification of broadband as a Title II telephone utility service.

Please see my latest Daily Caller op-ed: “Top Ten Reasons to Oppose Broadband Utility Regulation.”

It provides a great overview of the best arguments why the FCC reclassifying broadband as a Title II monopoly telephone service, is a very bad idea. 

• It is Part 50 of my FCC Open Internet Series.

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FCC Open Internet Order Series

Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]

Please see my latest Daily Caller op-ed: “Top Ten Reasons Broadband is not a Public Utility.”

• It provides an easy to understand baseline case of why the FCC’s consideration of Title II reclassification of broadband is unnecessary, unwarranted, unwise and unfair.
• It is Part 49 of my FCC Open Internet Series.

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FCC Open Internet Order Series

Part 1: The Many Vulnerabilities of an Open Internet [9-24-09]

With due credit to "Ripley's Believe it or Not!^®," so much odd and bizarre is happening in Washington in the "name" of “net neutrality” that the topic calls for its own collection of: "Believe it or Not!^®" oddities.

INTERNET FAST LANES:

Net Neutrality activists who have long condemned the FCC for not making the Internet fast enough now condemn the FCC for proposing to make the Internet faster!

Google and Amazon oppose the FCC enabling them to pay for fast-lane delivery of their online services when they both are launching very-costly, same-day, home delivery services!

The FCC seems bent on overreaching their legal authority – yet again.

At the NCTA convention, Chairman Wheeler said: “I believe the FCC has the power – and I intend to exercise that power – to preempt state laws that ban competition from community broadband.” And in an FCC blog post, Chairman Wheeler also said this preemption of states on muni-broadband “is an issue that remains high on my agenda, and we will be announcing more on this topic shortly.”

FCC lawyers appear to think this is the time for more overreach of FCC authority because the legal outcome may be different than in the past.

The net neutrality movement is positioning to influence the FCC, Congress, and candidates in the mid-term election cycle, to support their version of net neutrality -- i.e. FCC reclassification of broadband Internet service as a telephone common carrier service.

It is instructive to look back at what happened in the last mid-term election cycle -- in both the 2010 election, and in 2009-2010 Congress -- when the net neutrality movement last tried this.

By way of background, this week the Progressive Change Campaign Committee (PCCC) launchedNoSlowLane.com, a petition website to pressure the President and the FCC on their version of Net Neutrality.   

The 2010 Election:

The Internet has long had multiple speeds. And it constantly gets faster speeds via technological and commercial innovation, competition, and investment.

The Internet also has long met people’s diverse needs, wants and means for speed, with different technologies, pricing, and content delivery methods, and it will continue to do so.

Net neutrality activists’ latest rhetoric that opposes the FCC’s court-required update of its Open Internet rules, by implying that there haven’t been “slow and fast lanes” on the Internet before, is obviously factually wrong and misleading, both for consumers receiving content and for entities sending content.

Many in the media have fallen for this mass “fast lane” deception without thinking or questioning it.

First, isn’t it odd that those who routinely complain that the Internet is not fast enough oppose genuine FCC efforts to make the Internet faster?

Moreover, isn’t it ironic that the net neutrality activists -- who have long criticized the FCC for the U.S. falling behind in the world in broadband speeds, and long advocated for municipalities to create giga-bit fast lanes for some communities -- vehemently oppose FCC efforts to create “faster lane” Internet for those entities that need it and are willing to pay for it?

Yet another major obstacle to net neutrality activists’ call for the FCC to reclassify broadband as a common-carrier service is the President’s 2011 Executive Order on “Improving Regulation.”

By way of background, just weeks after the FCC passed its Open Internet Order (3-2) the President issued Executive Order 13563 “Improving Regulation and Regulatory Review.”

For those who want to hear some of the best arguments and rebuttals for/against Title II reclassification of broadband, please listen to the 13 minute back-and-forth between Professor Susan Crawford and I today.

• Harvard Law Professor Crawford is the leading proponent for common carrier regulation of broadband.
• Click here for the audio stream.

It’s a good precursor of the debate ahead. 

• It is also part 8 of my Title II Reclassification Research Series

Title II Reclassification Series