The National Broadband Plan: Where do we go from here?

[Commentary] The Internet Innovation Alliance believes the plan could have a positive and powerful impact, provided it is not accompanied by heavy new regulations that depress investment. But much work remains to be done, with many details to be ironed out. It certainly raises several questions to be answered as we go forward:

Who's Driving Now? Blair Levin brilliantly quarterbacked the FCC-led effort to devise the planning, drawing on a career in politics, policy and Wall Street. Does he still have gas in the tank? And if not him, then who can oversee such a complex and politically challenging endeavor, and can it be done from the Commission?
Omnibus or Piecemeal Legislation? Historically telecom moves via big legislative vehicles (think Telecom Act of 1996), with all sectors realizing some gain and some pain. Can Congress handle another massive bill this session?

Budget Neutral or Free to Spend?

Restructure Markets or Maximize Investment? Imposing aggressive regulations on the folks investing over $60 billion each year in broadband infrastructure seems an unlikely way to accelerate investment -- much more likely to depress private spending (especially in the near term as the uncertainty of rule-making chills cap-ex).

Whence Universal Service Funding? Rural Senators have long proven forceful advocates for their constituents, exempting rural carriers from competition rules and diverting major subsidies to more remote areas, raising questions about the adequacy and source of a "new and improved" Universal Service Fund.

Are Spectrum Wars Inevitable? The plan attempts a combined carrot-and-stick approach to driving spectrum use towards maximum market efficiency. Will it work?

Are the Targets (100 squared) Aspirational or Mandatory? It is great to aim high, but what are the consequences and rewards of the target data rates? As goals, 100-squared seems either too fast (too hard to accomplish) or too slow (as we'll all have gigabit wireless iBrains by then).

How Deep A Dive into Privacy? The language in the plan suggests the potential for significant examination of online activities and privacy policies, with the potential for new rules or regulations. To-date, companies such as Yahoo! have led the marketplace and outpaced all government proposals in bringing consumers new privacy tools, options and innovative offerings that marry the digital world and consumer choice (imagine if you could opt-out of certain kinds of TV commercials). Will the FCC seek to lead here, hand this off to the FTC with instructions to regulate, or encourage and enable continued market-led innovation?