New ideas for how the Congress should protect the Internet

[Commentary] There is widespread bipartisan agreement that Congress should play a larger role in regulations issues in the communications sector. The Communications Act outlines what actions the Federal Communications Commission may and may not take. These restrictions make it difficult for the FCC to craft optimal policies. But, Congress operates under far fewer restrictions. Nonresident Senior Fellow Stuart Brotman discussed three ideas for improving the stale law:

Legislative history: The original Communications Act of 1934 requires that broadcasters operate in the “public interest, convenience and necessity”. Congress failed to fully define the enigmatic term. If Congress devoted itself to thinking critically and developing a well-thought-out standard, then it would make it easier for the FCC to regulate future communications technologies.

Sunset clause: Sunset clauses in a reauthorized Communications Act would require FCC to reconsider whether regulations made sense after a set period of time. If a section of a law seemed hopelessly antiquated, then it could expire. This would place political pressure on Congress to update the law.

Jurisdictional issues: Congress can help companies that cross jurisdictional boarders by redefining the responsibilities of agencies. This will help to reduce uncertainty for businesses and ensure that bad actors are caught rather than slipping through cracks of the system.