The Federal Communications Commission has taken a new and promising step toward ensuring net neutrality.
Unrestricted access to the Internet, taken for granted in its earlier days, now needs such support. Although some claim that the free market will preserve the Internet as we know it, broadband providers are taking a more proprietary interest in the traffic they route along the electronic highway. And with a keen sense for their own financial opportunities, some argue that the FCC should not be permitted to “regulate the Internet.”
Without oversight by the FCC, providers could block traffic by competitors, and control access to sites and use of software. The U.S. routinely relies on rules and regulators to protect such vital interests as financial markets, drinking water and national security, but the Internet currently lacks such protection.
Net neutrality might be better addressed by comprehensive legislation, but this is an issue that Congress has ducked since 2006, when the late Sen. Ted Stevens memorably described the Internet as “a series of tubes.” In debates that year, companies lobbied openly for the right to set tiered prices and impose fees on popular websites.
More recently, Comcast has used its position to block legal use of peer-to-peer file-sharing software ”“ a misdeed that was widely condemned, but which the courts determined the FCC was powerless to prevent. FCC Chairman Julius Genachowski is now proposing to address this setback with a moderate system of regulation.
His compromise recognizes the need for broadband providers to efficiently manage their networks. Yet it would forbid providers from blocking lawful content, or discriminating against business rivals. It also requires full disclosure to consumers of companies’ network management practices.
Consumer advocates are rightly concerned that the FCC plan might open the door to a two-tiered pricing system. And the FCC proposal does not adequately explain its provisions exempting the mobile market from many of the regulations. Companies in this growth market need the same oversight as other providers.
Whether the agency has the legal authority to impose these regulations remains to be seen. But strengthening FCC regulation is clearly the best option for ensuring an open Internet ”“ at least in the short run.
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