NCTA's McSlarrow Explains Support For Net Neutrality Order

National Cable & Telecommunications Association President Kyle McSlarrow said in a letter to the Hill that the association supports the Federal Communications Commission's new network neutrality rules -- ones he helped negotiate -- but primarily because they "largely" codify what cable operators already do, provide at least some measure of regulatory certainty, and beats the alternative of Title II classification.

"I believe the Order, reached after months of negotiation and compromise, represented a good faith effort on the part of Chairman Genachowski and his staff to accomplish those goals and avoid those risks," McSlarrow wrote.

McSlarrow offered four reasons NCTA supports the rules:

1) it largely codifies the status quo practices to which the industry has voluntarily committed;
2) it contains helpful clarifying language around such issues as what constitutes 'reasonable network management;'
3) it provides greater certainty about our ability to manage and invest in our broadband services today and those we may deploy in the future ; and
4) the alternative of Title II regulation (which had three likely FCC votes in support and was the only likely alternative), with the attendant risks of unbundling and rate regulation, presented a stark and much worse risk to continued investment and job creation."

McSlarrow suggested the regulations would not boost the economy or jobs, but would allow for continued investment, return on investment, and job creation. At best, if administered "modestly," and with "regulatory humility," he suggested, the regulations would "promote continued investment and job creation." But he also had a warning for the legislators. "if implemented and enforced in ways that are more expansive than the plain language of the Order supports, there could certainly be an adverse economic impact by chilling the willingness to deploy new services," he said. "Continued" was the operative word in all McSlarrow's responses about what the regulations would do, making the point that the industry would be doing these things without the regulations as well. He reiterated that he thought the rules were "a solution in search of a problem." Asked whether it as fair that the regulations apply to ISP's but not Web companies cable competes with, McSlarrow said it was better to have "a light regulatory touch for everyone in the Internet ecosystem, than a heavy and counterproductive regulatory regime on part or all of the Internet ecosystem."