Reply comments are being filed today in the FCC’s Net Neutrality proceeding. In theory, these filings should focus on the right policy for the Internet Ecosystem. But since the issuance of the Comcast ruling by the D.C. Circuit, the question of jurisdiction has taken center stage. Unfortunately, the debate over the FCC’s jurisdiction and authority has overshadowed the more important discussion of what the policy should be.
We continue to work with Google and others to find common ground by focusing on an approach that empowers and protects users and incents industry innovation and investment. We are pursuing a policy that embraces the open internet policies contained in the FCC’s principles, encourages greater industry self-governance, and establishes a case-by-case process for addressing problems. In addition, we are working to define the appropriate circumstances for government intervention, focusing on harm to users or competition.
While the Comcast decision highlighted issues about the scope and source of the FCC’s authority, it also confirmed that the FCC does have ancillary jurisdiction under Title I when it can tie its actions to a substantive provision of the Act. Moreover, I’m not aware that anyone contests that other parts of the Federal Government, including the Federal Trade Commission, have broad authority to protect consumers and competition. With that said, the Comcast decision underscores the message I and others delivered before the Comcast decision: it’s time for the Congress to clarify the nation’s general policy for the Internet Ecosystem and resolve questions related to jurisdiction.
We urge Congress to pass new legislation and adopt a policy that is designed for the Internet. The last time Congress looked at this issue, it decided, wisely, to keep the Internet separate from the traditional modes of regulation designed for telephony, cable and broadcast. Now it’s time to take the next step – to construct the right policy to encourage the growth and use of the technologies of modern communication.
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