Searching for Fairness on the Internet

[Commentary] After weeks of being criticized for a proposal that would have divided the Internet into fast and slow lanes, the Federal Communications Commission put forward a new plan on May 15. While more balanced than its earlier approach, the commission still seems to be leaning toward creating a two-tiered system that could discriminate against smaller companies and restrict consumer choice.

The commission would be on much more solid ground if it decided to classify broadband Internet service as a utility. FCC Chairman Tom Wheeler has not been very enthusiastic about this option, which has many opponents among lawmakers in Washington, particularly Republicans who usually side with deep-pocketed phone and cable companies on controversial regulatory matters. But the chairman and the other two Democrats on the commission have to consider this option seriously if they want to make sure Americans can access lawful content on the Internet without restriction.