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Ajit Pai and Lee Goodman: Internet Freedom Works



For the past two decades, Internet freedom has been a remarkable success story. It has given the American people unprecedented access to information and an amazing array of opportunities to speak, debate and connect with one another. Its potential seems infinite as Internet companies expand services, technologists invent ever more life-enhancing applications and increasing numbers of Americans go online.

So, in the face of the greatest technological empowerment of people in the history of the world, why are regulators at our respective agencies, the Federal Communications Commission and the Federal Election Commission, calling for new government regulation of the Internet? The answer is simple. Unfortunately, some see any realm of freedom as a vacuum in need of government control.

For its part, the FCC is about to scrap a Clinton-era bipartisan consensus that the Internet should be free from intrusive government regulation. On Thursday, the agency will likely vote to impose rules upon almost every nut and bolt of the Internet, from the digital connection at your house to the core of the network. In so doing, it'll dust off the heavy-handed monopoly rules designed for Ma Bell back in the 1930s.

How heavy-handed? The FCC will start regulating broadband rates. It will decree, based on a vaguely defined "Internet conduct" standard, whether companies can offer consumer-friendly service plans (such as T-Mobile's Music Freedom program, which offers customers unlimited access to streaming music). It will institutionalize innovation by permission — giving advisory opinions on prospective business plans or practices (and companies will ask before innovating for fear of what will happen if they don't). It will even assert the power to force private companies to physically deploy broadband infrastructure and route Internet traffic in specific ways. And in a gift to the plaintiffs' bar, the FCC will deputize trial lawyers to file class-action lawsuits if they contend that any of these rules are being violated.

These Internet regulations will deter broadband deployment, depress network investment and slow broadband speeds. How do we know? Compare Europe, which has long had utility-style regulations, with the United States, which has embraced a light-touch regulatory model. Broadband speeds in the United States, both wired and wireless, are significantly faster than those in Europe. Broadband investment in the United States is several multiples that of Europe. And broadband's reach is much wider in the United States, despite its much lower population density.

So why is the FCC swinging the regulatory sledgehammer? It's not to guarantee an open Internet. Nowhere in the 332-page plan — which you won't see until after the FCC votes on it — can one find a description of systemic harms to consumers or entrepreneurs online. And small wonder, for the Internet is open today. Consumers can easily access the content of their choice. Online entrepreneurs can and do innovate freely.

No, the purpose is control for control's sake. Digital dysfunction must be conjured into being to justify a public-sector power grab. Aside from being a bad deal for everyone who relies on the Internet, this Beltway-centric plan also distracts the FCC from what it should be focusing on: increasing broadband competition and giving consumers better broadband choices.

While the FCC is inserting government bureaucracy into all aspects of Internet access, the FEC is debating whether to regulate Internet content, specifically political speech posted for free online.

Ajit Pai is a member of the Federal Communications Commission. The opinions expressed are solely those of the authors and do not necessarily represent the position of their agencies or the U.S. government.

Lee Goodman is a member of the Federal Election Commission.


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Posted: February 23, 2015 Monday 05:40 AM