A Promising Approach to Internet Rules

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[Commentary] In the Spring of 2014, Federal Communications Commission Chairman Tom Wheeler proposed a plan that would have allowed broadband companies to divide the Internet into fast and slow lanes. That idea that was roundly attacked by advocacy groups like Public Knowledge and the American Civil Liberties Union, and now the chairman is reportedly considering a new approach.

He has not provided details about a new approach, but legal experts say it is based on several ideas that law professors, technology companies and public interest groups have been debating since the United States Court of Appeals for the District of Columbia Circuit in January struck down the commission’s previous rules, which the court said improperly applied telecommunications regulations to broadband service. The most straightforward solution would be to reclassify broadband as a telecommunications service and issue rules that prohibit phone and cable companies from giving preference to some Internet content. Broadband providers will, of course, fight reclassification tooth and nail. To avoid that political battle, Chairman Wheeler and his staff appear to be considering a hybrid approach that would regulate high-speed Internet service in two parts.

A hybrid approach, if done right, could be promising. Ultimately, how well it would protect an open Internet and consumers would depend on the commission’s being willing to issue rules that limit the power of the broadband giants.


A Promising Approach to Internet Rules