Broadband Trojan Horse

[Commentary] Health care isn't the only policy arena in which the Obama Administration aims to ram through controversial new rules. The Federal Communications Commission is set to unveil a "national broadband plan" opposed by industry and without any of the five commissioners voting on it.

Last year, Congress directed the FCC to develop a plan to make high-speed Internet available to more people. But given that 95% of Americans already have access to some form of broadband—and 94% can choose from at least four wireless carriers -- rapid broadband deployment is already occurring without new government mandates.

FCC Chairman Julius Genachowski is moving to increase the reach of his agency and expand government control of the Web. Among other things, he wants broadband services reclassified so the FCC can more heavily regulate them. The national broadband plan, to be unveiled tomorrow, will call for using the federal Universal Service Fund to subsidize broadband deployment. The USF currently subsidizes phone service in rural areas, and Mr. Genachowski knows that current law prevents it from being used to subsidize broadband unless broadband is reclassified as a telecom service. Congress ought to be wary of letting the FCC expand its jurisdiction through back doors like this. Chairman Genachowski wants more control over broadband providers so that he can implement "net neutrality" rules that would dictate how AT&T, Verizon and other Internet service providers manage their networks. To date, Congress has given the FCC no such authority. Nor has the agency had success in court.