Public Knowledge Urges House Judiciary to Preserve FCC Authority over Broadband

Some members of the [House Judiciary] committee have asked whether antitrust law is sufficient on its own to address broadband policy in the digital age. As on all previous occasions anyone has seriously looked at this question, the answer, once again, is ‘no.’

Furthermore, the timing and framing of this hearing, ‘Wrecking the Internet to Save It,’ following a similar hearing in February, suggests that no one on the [House Judiciary] Committee seriously wants to debate the question. Rather, this appears to be yet another effort spurred by cable and telephone lobbyists to punish the Federal Communications Commission for doing its job. The FCC and Federal Trade Commission occupy complementary roles in the quest to promote competition and consumer protection. Antitrust is narrowly tailored to provide redress to very specific harms, and only after the fact. In keeping with the importance of the Open Internet in our daily lives, however, the FCC has a broader mandate to craft policies that not only prevent harms from occurring in the first place, but also actively promote network deployment, competition, consumer protection, and innovation. Stripping the FCC of its authority will only leave consumers vulnerable and encourage cable and telephone companies to continue to push the envelope on abusive practices. We urge members to recognize the important roles both agencies play in protecting consumers and fostering competition and innovation on the Internet.