Technology is evolving rapidly and policymakers are actively attempting to keep up, especially the Federal Communications Commission.  The FCC has ambitious plans around important broadband policy issues like net neutrality, Universal Service, and common carrier regulations.  And so New America Foundation assembled a panel of speakers, from both sides of the regulation spectrum, to discuss where they believe the FCC currently stands in its authority to regulate, especially in light of the recent D.C. Circuit Court decision that determined the agency lacked the authority to regulate Comcast in the way they manage their network.  The question at hand – “FCC – Toothless Regulator or Cop on the Beat?

Panelists seemed unanimous that Congress will need to play a role going forward, although debated whether light touch or heavy regulation should be their approach. Barbara Esbin of the Progress & Freedom Foundation began the discussion sharing several arguments of how limited the FCC’s authority actually is, arguing that to change classification, the FCC would have to prove broadband changed three years ago when the case was decided.  She believes that to succeed on this front, one would have to show the power to compel common carriership, which courts have generally not done.

Hank Hultquist, Vice President of Federal Regulatory at AT&T, was also on the panel.  He believes that there is no reason to believe that things have changed enough to make the Comcast decision different.  Watch the video below to hear more from Hultquist on why he believes that the current rhetoric is too broad on the impact of the Comcast decision on the FCC and why he believes the judgment was fair.

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