After approving rules intended to ensure “net neutrality,” the Federal Communications Commission is getting criticism from all sides. The agency seems to have convinced just about everyone that it isn’t on the right course to keep the Internet vibrant and free.
The disagreements over Internet freedom are broad and intense. In seeking a middle ground, FCC Chairman Julius Genachowski has rallied few supporters for his plan, even among FCC commissioners.
“Today’s action could ”“ and should ”“ have gone farther,” said Michael Kopps, a Democrat, arguing that the net neutrality rules are only a small, first step toward protecting consumers.
Republicans on the commission have argued that consumers are best protected by the free market, and commissioner Robert McDowell called net neutrality “a threat to Internet freedom.” Republicans in Congress, infuriated by the idea of any restraints on Internet providers, are pledging to rein in the FCC.
The intemperate Republican reaction sends a signal that compromise on net neutrality may be doomed to failure. The fighting words being used are clear notice that the open Internet is in jeopardy from those who regard it as a private toll road.
The new FCC rules prohibit broadband providers from discriminating against their competitors, like Skype and Netflix. As well, subscribers must be allowed access to all legal content and services. And in a reasonable compromise, the FCC gives providers the flexibility they say they need to manage their networks, so long as the publicly disclose their management policies.
Unfortunately, wireless networks are exempt from many of the new Internet rules. As U.S. Rep. Chellie Pingree, D-Maine, said last week, these loopholes could allow providers like AT&T and Verizon to limit the development of free online markets.
Other critics have warned that providers might be inclined to create fast and slow lanes for services, or even to inhibit free speech.
It will take careful regulation to preserve the openness of the Internet. The financial stakes have become so high that it is quite possible that companies will try to use their muscle to limit competition. The FCC’s action is a start, but it is not enough to protect the Internet as a public resource.
This important policy dispute belongs before Congress, which has so far not found the time to deal with it. Now that House Republicans are incensed at the FCC, net neutrality advocates should be prepared to make a strong case for reasonable rules of the road.
— Questions? Comments? Contact Managing Editor Nick Cowenhoven at nickc@journaltribune.com.
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