Title II, cities, and the broadband agenda ahead

[Commentary] The recent Court of Appeals decision upholding the Federal Communications Commission decision to classify broadband providers as common carriers is a huge personal victory for President Barack Obama and FCC Chairman Tom Wheeler. It’s also a huge institutional victory for the FCC, establishing a clear foundation for it to establish rules for communications networks in the broadband era. What does this mean for the future of the nation’s broadband agenda?

Some claim the heart of agenda is price regulation. I disagree. The core of common carrier obligations is non-discrimination. The FCC now has power to protect consumers from the harmful effects of network content discrimination. Such protection is critical. It is also fundamentally defensive. That is, it can protect against bad things, but it cannot compel good things. There are other FCC efforts, such as privacy protections, that similarly seek to prevent harm. The country is making progress on the first front. It has a three-pronged broadband agenda: getting affordable, abundant bandwidth everywhere, getting everyone online, and using the platform to better deliver public goods and services. Here, cities play a more significant role.