05/25/2010 by Shana Glickfield
Broadband policy is complicated enough, but in the face of losing authority as a result of the recent DC Circuit Court of Appeals decision, the FCC is seeking to reclassify broadband service into a category that will give the agency more jurisdiction to regulate as it sees fit. A recent Washington Post editorial joined a chorus of other opinion pieces questioning the FCC’s controversial move.
Here’s an excerpt from the WaPost piece on the FCC’s move to classify broadband as a Title II service:
This approach is also unacceptable. For some eight years, the agency has argued that broadband constitutes an “information service” and that it should be subject only to a light regulatory touch. To reverse course now by classifying broadband as a telecommunications service would require the agency to throw out years of its own data and analysis. While agencies have broad latitude in reevaluating regulatory schemes, reversals should be linked to significant market shifts. The facts do not support such a conclusion, and the FCC should not now try to shoehorn broadband into an existing — but incompatible — regulatory scheme.
The Washington Post article goes on to suggest that interested parties should work with Congress to form “clear but limited rules.” This premise brings to mind the recent vision Tom Tauke, Executive Vice President of Public Affairs, Policy and Communications at Verizon and former member of Congress, outlined at NDN where he called for a new policy framework that would best benefit the Internet ecosystem. Specifically, Tauke calls on Congress to provide certainty to an otherwise uncertain process. “Now is the time to focus on updating the laws affecting the Internet. To fulfill broadband’s potential it’s time for Congress to take a fresh look at our nation’s communications policy framework.”
Please see some excerpts below from that speech Tauke delivered at an event hosted by Simon Rosenberg and NDN.
The need for Congress to provide clarity on the Internet ecosystem:
Industry collaboration on important policy issues:
The need for certainty:
Dangers of 1930’s statues on 21st century technologies:
Confronting the tough question of jurisdictional authority:
As Tauke got deeper into his speech, he outlined four principles that he said would establish the right statutory framework for the Internet moving forward. Here are the key points:
1) Consumers must be fully empowered. This includes choice in devices, access, products and services. Empowered means also well-informed through understandable and transparent information.
2) Consumer must feel safe. This includes online security and privacy, which should be consistent and uniform across the ecosystem.
3) Consumer access and adoption must be priorities. Consumers should receive direct support from the government, including competitive subsidies that are technology neutral.
4) Government should protect consumers and ensure a properly functioning free market. The test should be whether action is necessary to prevent harm or anticompetitive behavior. If issues are not resolved through industry self-governance, then it would go to agency
Stay tuned to NextGenWeb as we continue to cover this developing conversation in Congress.
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