Network neutrality. The phrase sounds plain, bland, and benign. Its meaning has changed a number of times over the past year. Does it refer to equal treatment of the volume of traffic whether sent by YouTube or from my computer? Are we talking about the type of content whether in the form of huge video files sent from Netflix or the upload of a picture of my eight-year old to Facebook? Or is net neutrality about my right to express myself freely via a global-wide interconnected web of computers and electronic pages?
It’s no wonder the vast majority of Americans don’t fully grasp the complex issue- why would they be expected to? Finding work and paying for health care are more primary concerns; however, even those can be negatively impacted by strict internet regulations. As complex as the issue is, consumers will end up feeling the consequences of new rules over the internet.
There was a lot of noise and fireworks over this issue, that’s for sure. On the one side were the large broadband access providers, such as AT&T, Comcast, and Verizon. For over a decade they have been some of the primary providers of high-speed access to the Internet. They had invested hundreds of billions of dollars collectively in designing, building, and deploying hardwire and wireless facilities into neighborhoods across the country in order to deliver broadband service that meets the demands of the consumer, which become higher each day, as new digital technologies are rolled out.
The internet providers are engaged in a war amongst themselves to attract as many customers to their networks as possible, bundling voice and Internet services, and offering months of free service to attract and retain customers. Also during this time of broadband expansion, they managed their networks with little or no regulatory interference. It is not surprising that they would vigorously resist attempts to regulate how they managed their own networks, particularly as our society faces an increasing wireless bandwidth capacity crunch as more and more people use online tools and new applications.
On the other side of the issue is an advocacy movement driven by the fear that broadband access providers will discriminate against the smaller content providers’ traffic. These movements, led by relatively unknown groups to the mainstream, such as Free Press, have been arguing that large providers like Comcast will slow down traffic from the smaller guys in order to favor their own video and other content services. These actions would amount to a violation of the civil rights of the small content providers and the consumers of their information.
It was only natural I suppose that the FCC would be called to help settle this dispute. Unfortunately their biggest mistake was to take sides on the issue. By appearing in favor of a scheme to reclassify broadband services as telecommunications services, thereby implementing by rule and law a transparency and nondiscriminatory regulatory model on broadband providers, the FCC, unwittingly, gave up its greatest source of authority, its credibility. Besides the issue of whether it had the Congressional authority to implement net neutrality rules, the FCC’s ability to be an unbiased arbiter fell into doubt. Fortunately for the FCC, Chairman Genachowski skillfully if not artfully has tacked a course back to the middle.
By emphasizing the need to find common ground, abandoning the potentially ill-fated attempt at Title II reclassification, and emphasizing the need for broadband providers to be flexible in their network management for the sake of innovation, investment and job creation, and continued consumer choices, Mr. Genachowski should be commended for his attempt to inject neutrality into FCC policy making. Let us hope that the negotiations over the next two weeks on net neutrality rules emphasize that common ground that Mr. Genachowski seeks.
Alton Drew is managing director and senior legal and public policy analyst at The Alton Drew Group LLC.. During a 25-year career, Mr. Drew has served as an analyst, economist, and regulatory board member in the state governments of Florida, Georgia, and Maryland. Mr. Drew has also served with the County of Fairfax, Virginia in their cable regulatory division. His views and opinions as related to telecommunications and regulatory affairs can be viewed at his blog, www.LawandPoliticsofBroadband.com
