Wheeler's 'third way' on net neutrality

[Commentary] By holding out for no Internet regulation, conservatives risk the Federal Communications Commission’s hand being forced by the netroots and so-called "public interest" groups to embrace reclassifying Internet access under Title II of the Communications Act. The push for Title II dangerously radicalizes the debate -- the claim that only Title II can really preserve network neutrality is not only false, but precludes progress on finding more reasonable solutions. If the left falls on its sword for Title II, it's likely to fail and get only the status quo.

Let's start simply, having some basic rules of the road make sense. The Internet's openness is key to its success as the most powerful platform for innovation and creativity the world has ever seen. If we can implement some appropriately flexible rules to safeguard that success, we should. Furthermore, those companies whose businesses rely on last-mile, consumer-facing networks need assurances that operators won't have them over a barrel. At the same time, operators deserve flexibility in managing their networks and in seeking out fair deals that make consumers and companies seeking to innovate better off. Underpinning all of this is the engineering fact that not all Internet traffic is the same and requiring that it be treated the same inherently discriminates against some kinds of bits (e.g., VOIP applications like Skype and Google Hangout) in favor of others (e.g., email). FCC Chairman Tom Wheeler's proposed approach, based on Section 706 of the Communications Act, is grounded in the middle-way third way that Phil Weiser and I proposed eight years ago. Admittedly, this is freshly tilled jurisdiction for the FCC, and the key will be to see if Section 706 can carry the needed legal weight. But there is much work to be done to find an appropriate balance for everyone's interests, and it is time to get it underway. Let's go back to the days of bipartisan, tough-minded compromises. Instead of debating over slogans and offering up apocalyptic propaganda about of the end of the Internet, let's start finding solutions the old-fashioned way.

[Atkinson is president of the Information Technology and Innovation Foundation]