Instead of pressing 'play' on new video regulations, FCC should take fresh look

[Commentary] The Federal Communications Commission is proposing to "modernize" its definition of Multichannel Video Programming Distributor (MVPD) to include video services delivered over the Internet in addition to cable and satellite video providers. The proposal would apply to prescheduled streams of video programming, which the proposal refers to as "linear programming." It would thus not apply to on-demand services such as Netflix and Hulu. We should pause, but we should do more than that.

Indeed, this should be an opportunity for the FCC to take a fresh look at the current video regulatory regime, given the rapidly changing distribution and consumption patterns. If a thorough analysis does indicate that the right policy move would be to deregulate, the FCC should then determine whether it is possible to do so under current law. If it is not possible, the appropriate course would be new legislation. Under any circumstances, it is highly unlikely, if the existing regime doesn't yield net benefits, that extending it would be a good idea. The FCC should take the steps necessary to find out before hitting play on any new regulations.

[Lenard is president and senior fellow at the Technology Policy Institute]