Today, FCC Chairman Wheeler announced a sensible approach to ensuring that the internet will remain an open platform. Many folks in the traditional telecom and cable industries have described the use of Title II as a blunt and archaic tool not appropriate for the internet. And others have derided the very notion of internet regulation as anathema to free markets and the internet more broadly.
Most of us who have lived on the internet since its early days feel strongly and personally protective of its level playing field. In order to protect this openness, it became necessary for the FCC to step in. And once that moment came (prompted by some previous court decisions), the FCC had a choice on how best to maintain the openness and freedom to innovate so important to both our society and our economy. When presented with this choice, it became clear to me and many of us who build internet companies that classifying the last-mile internet as a telecommunications service rather than an information service was the best way to maintain the essentially openness of the internet. That is why I supported the use of Title II (with the appropriate forbearance of non-relevant regulations) in this case. I am pleased that Chairman Wheeler and his staff listened carefully to the millions of comments which poured in — most in support of these important protections. And I am also thankful President Obama and his staff took such keen interest in this issue and shared their point of view with the public.
We don’t want ISPs and cable companies being kingmakers on the internet. We want the users — all of us —to get to try every product or service no matter who provides our last-mile internet connection and to vote with our attention and our money as to who wins and loses. The FCC’s new rules will require ISPs to stay out of the way and not to allow or demand companies pay them for faster traffic. This is a great development for the internet as we know it and love it.
While it’s true that any regulation can bring unintended consequences, the other choices of either (a) doing nothing or (b) continuing to use Section 706 as a means to enforce these protections both, upon closer inspection, are worse options that will likely lead to an uneven internet.