Courage and Good
Sense at the F.C.C.
Net Neutrality's Wise
New Rules
By THE EDITORIAL BOARD FEB.
6, 2015
The New York Times
The Federal Communications Commission will soon put in place regulations designed
to prevent cable and phone companies from blocking or slowing down information
on the Internet. The companies and their congressional allies are using scare
tactics to stop this from happening.
On Wednesday, the chairman of the F.C.C., Tom Wheeler,proposed reclassifying
broadband Internet service provided by companies like Comcast and AT&T as a
telecommunications service. That will give the commission legal authority to
issue common-sense rules about how cable and phone companies treat their
customers. Under those regulations, such companies would not be able to block
or slow down information on their networks, which — absent new rules — they
might be tempted to do to force customers to pay for a more expensive service.
And cable and phone companies would not be allowed to give priority to the
delivery of videos and other content from businesses that are willing to pay a
fee. That would prejudice start-ups that do not have the deep pockets of
established players, like, say, Amazon or YouTube, to pay the premium fees.
The telecommunications industry and Republicans like Senator
John Thune of South Dakota are accusing Mr.
Wheeler and President Obama, who called for strong rules in November, of
imposing “public utility” regulations on the Internet. This, they say, will
stifle the incentive to invest in high-speed networks. Those arguments are
preposterous. The commission is not trying to regulate the price of broadband
service. Nor is it forcing cable and phone companies to lease access to their
networks to competitors, which it could do under a 1996 telecommunications law.
The truth is the F.C.C. is taking a measured
approach, justified by the growing importance of Internet access,
which has become the most important communications service for most individuals
and businesses. An executive at Googlerecently said the
commission’s proposals would not deter the company from building broadband
networks known as Google Fiber in cities like Atlanta and Nashville. Even
Verizon’s chief financial officer told
investors in December that Mr. Wheeler’s plans would “not
influence the way we invest.”
Indeed, there is good reason to think that strong rules will
actually help innovation flourish because it will assure entrepreneurs that
they can develop products and services without having to go through gatekeepers
at large cable and phone companies. History confirms this. Starting in the late 1960s,
the F.C.C. issued a series of decisions and rules that
later allowed companies like AOL to sell dial-up Internet service over
telephone lines. The widespread adoption of the Internet was made possible
partly because the commission forced AT&T, then a monopoly, to allow
equipment like modems made by other companies to use its network, something it
bitterly resisted. That could have happened only with the kind of common
carrier rules Mr. Wheeler is now proposing for broadband.
Cable and phone companies will almost certainly file
lawsuits in an attempt to overturn the new rules, which the F.C.C. is expected
to approve on Feb. 26. Corporate executives have already previewed some of
their legal arguments in blog posts and
public statements. Last year, the United States Court of Appeals for the
District of Columbia Circuit struck down the F.C.C.’s previous net neutrality
rules, which were based on flimsier legal ground. Mr. Wheeler has learned from
this defeat, and he and his team appear to have written the kind of rules that
the court said in its rulingwould
be acceptable.
Mr. Thune and other Republicans have said they might try to
pass a law to forbid the F.C.C. from issuing these rules. Their proposal would
include some elements of what Mr. Wheeler wants and also some big and crippling
exceptions. A draft of their bill would strip the commission of its authority
to regulate broadband as a telecommunications service, gutting a longstanding communications
law that has helped to keep the United States at the cutting
edge of information technology. Mr. Obama would most likely veto such a bill if
Congress approved it.
The F.C.C. almost always faces stiff resistance when it
tries to do something bold. Given the importance of the Internet, Mr. Wheeler
should press forward with his rules.
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