Regulating interconnection: The FCC has a role to play, but it’s more limited than they’d like

[Commentary] Barring a stay, the Federal Communications Commission’s Open Internet order is set to take effect later in June. And although much of the analysis thus far has focused on the rules regulating traffic over last-mile broadband networks, the most far-reaching aspect may prove to be the FCC’s decision to regulate interconnection. It is also perhaps the most surprising aspect. Since launching its network neutrality proceeding in 2009, the FCC repeatedly insisted that it had no desire to regulate the Internet.

As late as mid-2014, Chairman Tom Wheeler explained that interconnection is “not a net neutrality issue” and a commission spokesman clarified that “[p]eering and interconnection are not under consideration in the Open Internet proceeding.” While the commission’s abrupt change of position may prove fatal on judicial review, the Open Internet order is correct about two things. First, interconnection is an important issue, and second, the commission should play a role in its oversight.

[Daniel Lyons is an associate professor at Boston College Law School]