Reject broadband regulation

The FCC can't seem to leave well enough alone.

We doubt many Americans would buy the argument that the Internet isn't a competitive marketplace. While many people may not like an aspect or policy of an Internet provider, few of them could credibly say they are without alternatives. And while it is true that some Americans in rural or impoverished areas may have trouble getting access to the Internet, new technologies and innovations regularly hit the market, making the reach broader as they expand markets.

In general, governments can't stand the notion that the marketplace can solve problems or self-regulate, nor do they pay much heed to history. (There were no programs to put a television or radio into every home — it wasn't necessary.)

FCC Chair Julius Genachowski was undeterred by a recent, sensible federal appeals court ruling that said he and his agency lack authority to regulate the Internet. Now he wants to reclassify broadband Internet service, the proverbial pipes through which the Internet travels, as a telecommunications service, rather than an information service. That would give the FCC the same power to regulate the Internet as it has to regulate telephone services.

For the time being, he insists he would not regulate broadband rates or force Internet providers to share lines. But he does want to impose so-called Net neutrality, which means providers could not decide to disallow certain content. The case before the federal appeals court involved a Comcast decision to not allow BitTorrent downloads on its system because they were hogging bandwidth.

Significantly, Genachowski doesn't offer any evidence to support his decision to reclassify Internet providers, nor does he even attempt to demonstrate how the Internet isn't already competitive. The FCC has for years relied on data to show just the opposite, that the Internet should not be treated as another telecom service. This abrupt change in philosophy needs better explanation.

It's no secret that government is chagrinned by some Internet services, such as VOIP telephone technology and instant messaging, which provide telecom functions but remain outside regulatory tentacles. However, Americans have come to expect and appreciate that the Internet has become a launching pad for innovations and the development of new technologies. The United States remains a world leader in computer and Internet technology. But if Washington gets too grabby, it could stifle that growth, which would be one more blow to a struggling economy.