Netflix: Strong-Arming the Net-Neutrality Debate

[Commentary] In the ongoing air wars over net neutrality, personal attack and comedic fodder have sadly obscured an accurate portrayal of the issues now confronting the Federal Communications Commission in the wake of the US Court of Appeals for the DC Circuit’s decision in Verizon v. FCC.

Instead of following the old adage of “when in danger, when in doubt, run in circles, scream and shout,” perhaps we ought to take a breath and refocus serious attention on the task before the agency.

First, we ought to see that inflammatory attacks claiming that the FCC is about to “wreck” net neutrality are nothing but hyperbolic hot air. You can’t “wreck” rules that no longer exist.

Second, as parties seek to manufacture a continuing din of discontent, we ought to acknowledge what we are not fighting about. Though it’s seldom reported, it’s worth remembering that the cable industry has long supported an open Internet and, in fact, supported the 2010 Open Internet rules adopted by the FCC.

Allowing the net-neutrality conversation to be hijacked into a peering debate is a mistake that will only cloud the commission’s ability to move forward in the Open Internet proceeding. Netflix’s peering gambit is primarily about improving its own economics and says more about Netflix’s power than about any ISPs.

We should stay focused on the last-mile issues that gave rise to the Open Internet rules in the first place, and ensure a clear path forward to reinstate new rules in line with the court’s direction.

[Powell is president and CEO of the National Cable & Telecommunications Association]