Has the FCC Created a Stone Too Heavy for It to Lift?

After five years of bickering, the FCC passed an Open Internet Report & Order on a partisan 3-2 vote this week. The order is meant to guarantee that the Internet of the future will be just as free and open as the Internet of the past. Its success depends on how fast the Commission can transform itself from an old school telecom regulator wired to resist change into an innovation stimulator embracing opportunity. One thing we can be sure about is that the order hasn’t tamped down the hyperbole that’s fueled the fight to control the Internet’s constituent parts for all these years.

Advocates of net neutrality professed deep disappointment that the FCC’s rules weren’t more proscriptive and severe. Free Press called the order “fake net neutrality,” Public Knowledge said it “fell far short,” Media Access Project called it “inadequate and riddled with loopholes,” and New America Foundation accused the FCC of “caving to telecom lobbyists.” These were their official statements to the press; their Tweets were even harsher.

Free marketers were almost as angry: Cato denounced the order as “speech control,” Washington Policy Center said it “fundamentally changes many aspects of the infrastructure of the Internet,” and the Reason Foundation said it will lead to “quagmire after quagmire of technicalities, which as they add up will have a toll on investment, service and development.”

Republican Congressional leaders made no secret of their displeasure with the FCC’s disregard for their will: Rep. Fred Upton (R, Michigan,) the incoming Commerce Committee Chairman called it a “hostile action against innovation that can’t be allowed to stand,” Rep. Greg Walden (R, Oregon,) incoming Chairman of the Subcommittee on Communications and Technology called it a “power grab,” and vowed to hold hearings to overturn it, while Sen. Kay Bailey Hutchison (R, Texas,) Ranking Member of the Senate Commerce, Science, and Transportation Committee said the order “threatens the future economic growth of the Internet.” Setting Internet policy is indeed a Congressional prerogative rather than an agency matter, so the longer-term solution must come from the Hill, and sooner would be better than later.

Contrary to this criticism and to snarky blogger claims, not everyone was upset with the FCC’s action, coming as it did after a year-long proceeding on Internet regulation meant to fulfill an Obama campaign pledge to advance net neutrality. The President himself declared the FCC action an important part of his strategy to “advance American innovation, economic growth, and job creation,” and Senator John Kerry (D, Massachusetts) applauded the FCC for reaching consensus.

Page 1 of 3 | Next page