True courage comes not only from doing the right thing, but also comes from going against the grain in order to make sure that the right thing is done.
The Federal Communications Commission has not done that. The commissioners mentioned by Mr. Brodsky have decided to tow the same old regulatory, interventionist line, rather than seek an updated way for the FCC to engage a broadband market in the 21st century.
Notice I said engage. Given its expertise in the transmission component of broadband and its relationship with broadband’s primary providers, namely telecommunications and cable companies, I expect the FCC to weigh in on issues regarding the Internet. It’s a natural, ancillary, incidental expectation. Rather than seeking to drop the same old regulatory hammer that has been rusting since 1934, the FCC should seek to reinvent how it engages markets. It can do so by focusing on the true underlying issue that net neutrality proponents lack the courage to mention.
The issue is really about how content providers, represented by Free Press and Public Knowledge, view their inability to create a valid business model that facilitates their entry into the content provider market. I’ll say it for you, Public Knowledge and Free Press. You are concerned with antitrust and your ability to compete. Just come out and say so. Don’t hide behind the “skirts” of a consumer protection argument. Man up and say that you want a regulatory regime that ensures you get the appropriate treatment under antitrust rules.
Quite frankly, rather than dumping praises on an FCC that doesn’t have the courage to wait on Congress to give it the expressed authority to regulate the Internet much less reinvent itself for the 21st century, you open coalition, net neutrality types should be taking your fight to the FTC. You’d still lose, but at least you’d be in the right boxing ring.
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