FCC, neutrality and the courts: What's next?

 

 

Let's turn to the background for clarity. There was a time when the internet itself - not VoIP, not video, not a pot of gold - was the only thing at the end of a broadband connection. So in 2005, the FCC classified "broadband Internet" as an "information service" that also had a "telecommunications component" - the access portion of the service that actually transported people to the Internet.

 

The important thing to remember here is that "information services" (covered in Title I of the Communications Act of 1934, as amended) are lightly regulated by FCC authority, but Title II "telecommunications services" for common carriers and Title VI for cable communications are heavily regulated. Figuring out whether broadband should be unregulated or regulated is why positioning around the Court of Appeals decision will continue for quite some time. The outcome can also affect the freedom of the internet.

 

Bottom line: It doesn't bode well for the telecom industry, consumers or enterprises when regulatory rules of the road are unclear. Facilities-based service providers don't want to sink capital into upgrading broadband infrastructure if they're not clear about the business climate and whether other companies can take advantage of their investment in an equitable way.

 

Taking it to the next level: We asked our own personal policy advisor, Tom Nolle, what options the FCC has to clarify its role in broadband regulation. He gave us a rundown of the three main possibilities, picked a favorite and discussed what would have to happen to make it so in this question and answer session [link back to FCC authority over broadband regulation in flux: 3 options available].