Internet gatekeeping policies and the test of time

[Commentary] Federal Communications Commission Chairman Tom Wheeler's concern is that broadband Internet gatekeepers will act against consumer interests. This has led him to conclude that there are only two policy options available. "We can have a cop on the beat to enforce common sense rules of the road that ensure Internet openness for consumers and innovators...[or] we can have the people who operate the networks making the rules for the Internet and leave decisions about blocking, throttling, and prioritizing traffic to them." This regulatory philosophy now represents the majority view at the FCC.

Everything that has transpired in the intervening years from the AOL-Time Warner situation has demonstrated that the FCC's gatekeeper approach was too draconian in that case. The Commission itself recognized the error of its ways by rescinding certain restrictions, but only following a number of years and a series of detailed regulatory proceedings. The lesson for today's FCC is that there may be other viable choices than a strict regulatory regime premised on the assumed power of "gatekeepers." When envisioning the Open Internet, the FCC needs to be open to consider that Internet service provider gatekeepers may not require detailed regulations when technology and marketplace developments are likely to supersede them in a reasonable amount of time. This is an alternative choice that Chairman Wheeler and his colleagues should be thinking about out loud, too.