U.S. Representative Marsha Blackburn, Republican of Tennessee announced on Sunday her plans to renew efforts to defang the Federal Communications Commission. Back in October 2009, Ms. Blackburn introduced HR 3924, also known as the Real Stimulus Act of 2009, to prohibit the FCC from regulating the Internet.
The bill is pretty straightforward up front. It prohibits the FCC from proposing, promulgating, or issuing any rules that regulate an Internet company. Blackburn’s bill also cuts out local and state government from the Internet regulatory game since traffic flowing on the Internet is Interstate in nature.
I don’t think HR 3924 goes far enough. Part of the problem with the FCC as well as other regulatory agencies, is that it proceeds from the faulty premise that the markets for communications services need some ongoing intervention. What I would like to see is Blackburn’s bill become the incubator for the re-engineering of government. For example, the FCC should only make rules where there are complaints of and a finding of market failure. Most government intervention should be limited to public-rights-of-way issues such as requiring carriers to pay for digging up surface streets and parks.
I can’t tell you how far Blackburn’s bill will get in current form. The most pressing concern for Congress was Mr. Genachowski‘s attempt at reclassifying the Internet as a Title II telecommunications service. Since reclassification is off the table, Congress may decide to fry other fish, like deficit reduction or the two-year extension in tax cuts proposed by President Obama and the Congress.
Even if it doesn’t pass, it’s the move in the right direction.
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