The president has declared himself for the “strongest possible form” of net neutrality rules, drawing rule making authority on Title II of the Communications Act. In response, the telecom companies have stepped up the pressure to keep their ability to create “fast lanes” for well-heeled content providers.
The Federal Communications Commission is a bipartisan affair. Two Republicans, two Democrats, and the chair who usually represents the president’s party (but for the last several years has also represented the communications industry in one fashion or another). In today’s Washington, you’ll not be surprised to learn that the current Republican members think Chairman Tom Wheeler’s first fast-lane proposal didn’t go far enough in removing restrictions on whatever the telecom companies want to do.
Until very recently, Commissioner Mignon Clyburn has been the most forthright about defending the strongest possible form of net neutrality. Very recently, however, she offered a less explicit defense of net neutrality during a Reddit Ask Me Anything session:
I support a free and open Internet because I want to preserve the openness and innovation that has occurred. I am focused on the consumer and the consumer experience. I want to know what attributes are necessary to keep the Internet free and open. I want to know whether the rules the FCC adopted in 2010, which banned blocking and unreasonable discrimination were the right approach.
Interestingly enough, the Washington Post reported on November 18 that Rev. Jesse Jackson and other traditional civil rights leaders visited the FCC to lobby against Title II regulation. The Post story cites a statement from the Minority Media and Telecommunications Council that buys into the telecom company arguments that “Section 706 regulation would achieve all of the goals of Title II reclassification, but would do so in a way that avoids the uncertainty of forbearance proceedings and without creating disincentives to infrastructure investment. Less investment would translate into less deployment, fewer jobs for our communities, and fewer service options to boost broadband adoption and close the digital divide.”
What the MMTC statement and Clyburn’s AMA comments don’t discuss is that Verizon won its lawsuit against the FCC’s 2010 rules precisely because they relied on Section 706 of the Communications Act, and not Title II. They suggest that telecom companies will stop investing in infrastructure if net neutrality is enforced, yet these companies haven’t exactly been bowling the country over with investment in low-cost, high-speed access.
It’s a shame that advocates for the poor are apparently bowing to the deep pockets that write off contributions to nonprofit organizations, but are not interested in investing in the infrastructure that meet people’s needs. Commissioner Clyburn should get back on the road to real net neutrality.
As always, I apologize for the wonkiness of my net neutrality posts. Check out Why Net Neutrality Matters to Writers for a broader description of these issues.