FCC’s Tom Wheeler and the Defining Question of Network Neutrality

[Commentary] Federal Communications Commission Chairman Tom Wheeler caused quite a stir when he circulated a new Notice of Proposed Rulemaking on network neutrality.

The proposed rule moves away from generally prohibiting wireline broadband providers from offering “paid prioritization” (aka Internet “fast lanes”) to explicitly permitting wireline providers to offer paid prioritization subject to conditions designed to guard against anti-competitive and anti-consumer conduct. To employ a crude analogy, network neutrality supporters see Chairman Wheeler’s proposal as roughly the equivalent of teaching the rhythm method in sex ed, while opponents are outraged that Chairman Wheeler would teach anything other than pure abstinence.

But we as consumer advocates must reiterate to members of Congress in both parties, and to the White House, that because the DC Circuit has made it clear that the only way to have network neutrality is to classify broadband access as a Title II telecommunications service that is what they must do. We must show not merely the 3 Democrats on the FCC, but the rest of the political class in Washington, that Title II reclassification is not a “nuclear option” or “third rail” but a necessary and well supported prerequisite to a healthy Internet policy.