The FCC Caved on Net Neutrality. But It Didn't Really Have a Choice.

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Consumer-advocacy groups and liberal lawmakers are going ballistic over news that the Federal Communications Commission plans to advance watered-down network neutrality rules.

The new regulations would allow Internet service providers to charge websites for special "fast lanes" in at least some cases. But the truth is that the FCC is boxed into a corner without many good options. Commission officials argue the stronger rules that advocates want probably wouldn't survive in court.

Consumer groups have a simple solution for the FCC's dilemma: reclassify broadband providers as common carriers. That move would likely allow the FCC to just reinstate the old rules and ban websites from paying for faster service. But reclassification has much bigger implications than just net neutrality.

The FCC would be applying a massive regulatory regime currently used for phone companies on broadband providers. It's debatable whether it's a politically viable option. Congressional Republicans and business groups would launch an all-out war, warning the FCC could kill the Internet economy.

Reclassification could derail the other items on Chairman Wheeler's agenda, such as an auction of airwave licenses, a network technology transition, and the president's proposal to improve Internet access in schools. But consumer groups argue that protecting an open Internet is worth the fight.


The FCC Caved on Net Neutrality. But It Didn't Really Have a Choice.