FCC Jurisdiction: Trust in the Law

[Commentary] The Comcast v. Federal Communications Commission decision has called into question the FCC's authority to act in the broadband arena. But in the debate over what the FCC's next step should be, it seems that many have chosen to ignore history, describing as "radical" the legal framework for innovation and competition that Congress established for our nation's two-way communications networks. The legislative process is designed to produce laws that are flexible, that are grounded in bedrock principle, and that withstand the test of time. Our Communications Act is guided by the principles of universal service, non-discrimination, interconnection, competition and reasoned deregulation. These principles, through the framework of the 1996 Act, were intended to foster the development of a robust, advanced and competitive two-way communications market -- regardless of changes in technologies. But because of flaws in the implementation of the law, not in the law itself, some of the goals of the Communications Act have yet to be achieved, and the principles themselves are now in jeopardy.