The Obama FCC admitted that it could not find the sweet spot. In the 2015 Open Internet Order, former Chairman Wheeler simply claimed regulatory authority to sanction firms for behaviors he could not anticipate. Rather than creating bright line rules, Wheeler raised his voice and issued threats. Angry threats have subsequently become the preferred way to regulate not only the Internet but its regulators as well. This is not productive, but it’s the road chosen by many.
Changing ISPs from their historic status to Title II is a move the FCC can’t make without Congressional authorization. This is especially true given the 1996 Telecommunications Act clearly declares ISPs to be information services. There is no clue in the ’96 Act that substituting dial-up for broadband changes the nature of ISP service.
The trouble with 477 is that providers can only report on the areas they cover, while the real questions are about the areas they don’t. It may be that the best way to get the data we need is through the Census. It deserves some investigation even though Pallone and Doyle didn’t raise the question.
The Internet is not simply a sandbox for network research any more, it has become the primary means of electronic communication around the world. Before long, it will be the only such means and we will all be better for it. Please allow firms that depend on networking to invest efficiently so as to maximize their incentives to innovate.
Consumers were easy to get wound up about their ISPs ten years ago, when the Internet was new to them and their access to it was gated by a high-priced broadband plan. But I’m not so sure consumer rage is to easily channeled today
Before the broadband benchmark is adjusted again, the FCC really does need to lay out a methodology for coming up with the numbers. It appears than the 25/3 standard was driven by the desire of Netflix to stream 4K video everywhere.
Senator Al Franken got Silicon Valley’s attention by proposing to apply net neutrality regulations to mega-gatekeepers Google, Facebook, Twitter, et al. Writing in The Guardian, the senator correctly observed that…