The Turning Point for Internet Freedom

[Commentary] The Federal Communications Commission is about to answer the most important question in its 80-year history: Does the agency intend to protect the open Internet, or is it lunging to seize unlimited power over the Web? We’ll find out on Feb. 26 when the FCC votes on “net neutrality” rules that would treat the Internet like a public utility, with regulators potentially setting rates, terms and conditions for providers.

Meanwhile, the new Congress is maneuvering to change the network neutrality equation, with hearings in the House and Senate beginning. Republicans circulated draft bills to pre-empt the FCC’s overreaching new rules while still attaining the White House’s ostensible policy goals. Even congressional supporters of net neutrality, wary of increasing FCC power over something as vast and crucial as the Internet, are working to draft an alternative. While Republicans and Democrats try to work out a deal, FCC Chairman Tom Wheeler should hit the pause button on next month’s vote and let the elected representatives of the American people try to find common ground. At the end of this constitutional process, all sides may be able to claim victory.

[McDowell, is a former commissioner of the FCC, a senior fellow at the Hudson Institute and a partner in the communications practice at Wiley Rein]