Sherwin Siy

[Commentary] Overseeing as the Federal Communications Commission does a vast number of complex and fast-moving technological issues, occasionally a rule that is essential for one service just doesn’t apply to another.

In a case like that, the FCC has the power to forbear from enforcement of the rule. Neither Congress nor the courts nor your local neighborhood watch committee can force the FCC to enforce an inapplicable rule that it doesn’t want to.

The only thing the FCC has to do is find that the rule: 1) isn’t necessary to ensure just and reasonable practices, 2) isn’t needed to protect consumers, or 3) is in the public interest.

Once the FCC makes that determination, it simply doesn’t apply that rule in that case. All of this becomes relevant in the net neutrality debate.

Opponents of effective net neutrality rules like to play up the fears that classifying broadband internet services as telecommunication services will saddle ISPs with all sorts of regulations meant for the phone system. They insist that, despite the FCC’s best efforts, those rules will fall into place automatically and result in a thicket to be hacked through. This simply isn’t true -- precisely because of the FCC’s forbearance power.