In First Major Speech, FCC Chairman Wheeler Articulates a Regulatory Philosophy
In the first of a series of remarks over the next several months, Federal Communications Commission Chairman Tom Wheeler began to articulate a regulatory philosophy relating to how we are living in a time of revolutionary technological change and the role of the FCC in tackling the challenges and seizing the opportunities created by the new network that has engulfed us.
The FCC is the public’s representative to the ongoing network revolution. The agency was created originally in 1934 to oversee the third-generation networks of telephony and broadcast and, eventually cable and wireless carriers. Specifically, Congress charged the FCC to protect -- quote -- “the public interest, convenience, and necessity” of the nation’s networks. In serving the public interest, the FCC has focused on dual responsibilities. First, facilitating dynamic technological change to ensure the U.S. has world-class communications networks. Second, ensuring that our networks reflect our civic values, most notably our belief that communications networks should be accessible to all. As our networks evolve, so should government oversight.
There are some who suggest that new technology should essentially free the new networks from regulation; that market forces are enough to ensure that the public interest will be served. I am a rabid believer in the power of the marketplace. But I have seen enough about how markets operate to know that they don’t always, by themselves, solve every problem. Our new networks are even more important to society than were the old ones. The public has the right to be represented as we go through the transition. The evolution of network technology changes neither the responsibility of networks to the greater society, nor the FCC’s mission to protect the public interest. Congress gave the FCC authority over interstate and foreign wire and radio communications. We have an obligation to live up to that mandate. Indeed, the success of the Internet would be imperiled were that not the case. Assuring that the Internet exists, however, as a collection of open, interconnected entities is an appropriate activity for the people’s representatives. As we fulfill our responsibility, we will be guided by two lodestars: competition policy and something Chairman Wheeler calls the Network Compact. You can think of this as the basic rights of consumers and the basic responsibilities of network operators. There are three key elements of the Network Compact -- accessibility, interconnection, and public safety and security.