Net neutrality and the Internet balancing act

[Commentary] Everyone loves “net neutrality.” But few who genuflect toward the phrase can make sense of the bureaucratic battle raging in and around the Federal Communications Commission and its frequently maligned chairman, Thomas Wheeler. The FCC has the unenviable job of enforcing a simple principle -- Internet users should have effective access to any and all Internet content -- with old and complex law. Chairman Wheeler has been seeking to establish protections without over-regulating. In the process, he has managed to stir up opposition from seemingly every side, including from President Barack Obama, who appointed him.

One option Chairman Wheeler has been considering would reclassify the Internet’s “back end” -- including those special relationships between Comcast and Netflix that have caused so much heartburn -- and keep the business of wiring and delivering content into homes under a different regulatory authority that would still provide the FCC tools to combat traffic discrimination. Another idea is to reclassify, but with strong, formal constraints on what the FCC could do written into the deal. Chairman Wheeler has taken a lot of flak, but he is right to seek a balance. The goal is to bar unreasonable behavior without discouraging investment in ever-more-robust networks.