Here’s Where Things Stand One Year Into Net Neutrality
Less Government is Always a Very Good Thing |
Here are 4 things we know:
- Investment in Internet infrastructure is basically flat.
- There is a paper trail of how the FCC was bulldozed to take the Title II route by the White House.
- Congress is working on legislation.
- The fate of the regulation rests with the Judicial Branch.
In a 2015 paper, Robert Shapiro of the Georgetown Center for Business and Public Policy and Kevin Hassett of the American Enterprise Institute predicted that heavy-handed Net Neutrality will reduce communications infrastructure investment.
That prediction seems to be panning out.
Hal Singer, a senior fellow at the Progressive Policy Institute, found that capital expenditures (capex) for the top Internet Service Providers (ISP) decreased slightly in 2015:
The White House Bullied the “Independent” FCC
In order to impose Net Neutrality, the FCC reclassified Internet providers by regulating them as common carriers and treating the Internet like a 20th Century phone network.
How the FCC went down this route is interesting. The FCC is supposed to be an independent federal agency, but a report from the Senate Homeland Security and Governmental Affairs Committee finds it caved into President Barack Obama’s wish to impose Net Neutrality.
Documents and interviews with FCC staff piece together a timeline of an agency doing an about-face after being pressured by the White House, The Hill reports:
But after private meetings with White House staff and a public statement from the president urging strong rules under Title II, the FCC paused its work and then shifted direction. The report concluded the shift caught many career agency officials off guard and ultimately led the commission to push back a December 2014 vote it was planning.
Source: Senate Homeland Security and Government Affairs Committee. |
The specifics came four days later in an announcement that blindsided officials at the FCC. Mr. Obama said the Internet should be overseen as a public utility, with the “strongest possible rules” forcing broadband providers such as AT&T Inc. and Verizon Communications Inc. to treat all Internet traffic equally.
The president’s words swept aside more than a decade of light-touch regulation of the Internet and months of work by Mr. Wheeler toward a compromise. On Wednesday, Mr. Wheeler lined up behind Mr. Obama, announcing proposed rules to ensure that the Internet “remains open, now and in the future, for all Americans,” according to an op-ed by Mr. Wheeler in Wired.
Congress Gets in on the Act
Congress, which never passed Net Neutrality legislation, isn't sitting still.
Two piecemeal approaches working their way through the House of Representatives are one that would exempt small business ISPs from Net Neutrality transparency rules. Another, the No Rate Regulation of Broadband Internet Access Act (H.R. 2666), would prevent the FCC from regulating the rates of ISPs.
In the Senate, Commerce Chairman John Thune (R-S.D.) plans to work on a more comprehensive bill he hopes can win bipartisan support.
In the Senate, Commerce Chairman John Thune (R-S.D.) plans to work on a more comprehensive bill he hopes can win bipartisan support.
Fate Lies in Federal Courts
Federal courts will have their say on Net Neutrality’s fate. An appeals court heard arguments in December 2015, and we await a decision. The U.S. Chamber submitted an amicus brief asking the court to overturn the FCC’s Net Neutrality decision. Depending on the outcome, the Supreme Court could end up hearing the case.
---------------
Sean Hackbarth is a policy advocate and Senior Editor, Digital Content, at U.S Chamber of Commerce. He twitters at @seanhackbarth and is a contributing author at the ARRA News Service.
Tags: Sean Hackbarth, Chamber of Commerce, Net Neutrality, where things stand, FCC, ISP, Federal Courts To share or post to your site, click on "Post Link". Please mention / link to the ARRA News Service. and "Like" Facebook Page - Thanks!
0 Comments:
Post a Comment
<< Home