Thursday, May 6, 2010 - The Progress & Freedom Foundation Blog

NPR Interview on FCC's Third Way

I was interviewed this morning by NPR's Joel Rose on the FCC's broadband reclassification / "Third Way" proceeding (see more here & here) kicked off just today. Listen here to the NPR interview.

The following are some notes I prepared for our talk.

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• We want to see the Internet grow; we do not believe regulation as a default is the answer

• Though imperfect, we think the market works; it should be allowed to continue to grow via an absence of regulation

• We appreciate what the Commission is attempting; it is an important debate we're having, but the devil's in the details - the FCC's Third Way will be looked at carefully, compromises struck in places, and disagreements in others

• On the whole, the FCC's Third Way may not be the birthday cake network providers are looking for

• Core innovation could be harmed here - without core innovation, you don't have innovation at the edges - it's symbiotic; but regulation - the details - could curb incentives, facilities investment, harm ROI

• The Internet has thrived through lack of regulation; so why the change?

• By even the FCC's own reckoning, the market is vibrant; OECD data is apples and oranges and not entirely relevant to the U.S. market; we've got it good here, and it's getting better without regulation

• The Comcast ruling changed nothing in the marketplace - it's vibrant, growing, checked by technology, choices, competition; network providers are following Net Neutrality principles without government intervention

• Any changes the FCC contemplates must hem closely to the Act's statutory grant of authority; this includes today's Third Way changes; the FCC can't simply perform a mash-up of statutory authority and say they can regulate as such

• Title II seems inappropriate for the Internet; it is not unreasonable to take a new look at the 76-year-old law they're going back to; Congress should get involved

• The Internet marketplace is tough - made tougher when viewed with the lens of congressional and other efforts to clamp down on personal data, cybersecurity, etc.

posted by Mike Wendy @ 3:31 PM | Antitrust & Competition Policy , Broadband , Capitol Hill , Communications , Cyber-Security , DACA , Internet , Net Neutrality , Neutrality , Privacy , Security , The FCC