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Editorial: FCC smartly embraces net neutrality

 
Published Feb. 26, 2015

In voting Thursday to regulate Internet service providers as public utilities, the Federal Communications Commission has adopted a commonsense approach to net neutrality. The historic 3-2 decision will ensure that people and businesses have fair and open access to the broadband Internet — wired and wireless — that is fundamental to being connected in modern America.

Critics who claim that the rules will bring down the heavy hand of government and stifle competitive innovation need only look at the accompanying chart. Three-quarters of American households have absolutely no choice if they want broadband Internet; for them, high-speed Internet access is a monopoly. So much for competition. Since the free market isn't doing it, Americans need the government to look out for their interests and ensure that the information pipelines stay open.

Net neutrality is a simple concept. Broadband providers should treat all legal information on the Web equally. The ISP owns the pipeline, but it should not pick favorites and control what flows through it. The FCC's vote means that broadband providers may not block access to legal content, may not impair or degrade lawful Internet traffic and cannot create fast lanes for pay.

Years ago, the FCC mistakenly categorized broadband as an "information service" rather than what it is: a "telecommunications service." The error mattered — and led to FCC losses in court — because "information services" are not subject to close oversight. The new definition is the right one. When consumers sign up for an Internet service, they are not paying for information; they are paying for the pipeline that carries the information. Thursday's FCC's action finally gets that right and simply reflects reality.

The FCC rules invoke a long-standing telecommunications rule, called Title II of the Communications Act, which says common carriers can't "make any unjust or unreasonable discrimination in charges, practices, classifications, regulations, facilities, or services." In addition, the FCC rules will also regulate mobile Internet service under the same umbrella, which makes sense because wireless broadband uses the limited airwaves, which are owned by the public.

The lawsuits will come soon. But they should fail in the courts because Title II clearly gives the FCC authority for the action it took Thursday.

The rules will protect the public from quasi-monopoly powers of broadband providers and preserve the airwaves used by wireless Internet providers for the public good. Broadband providers still will be able to earn a fair profit from their networks — the new rules specifically say the FCC will not set prices. But Americans now have a clear right to choose what flows to them through these information pipelines without the providers rigging the system to favor some types of legal content over others.