The 1934 Act Regulates Telecommunications

[Commentary] In “‘Economics-Free’ Obamanet”, Gordon Crovitz trots out the same old and tired arguments of network neutrality opponents: that the net neutrality rules apply 19th-century regulations to 21st-century technologies. The Communications Act of 1934’s prescriptions on “unreasonable” discrimination of services by communications providers are appropriately applicable to Internet service providers because they are the gatekeepers of the information highway. Those who truly know the industry understand this.

Telecommunications are “communications” under the 1934 act regardless of whether they use wired or wireless facilities, or engage digital or analog technologies. To conclude otherwise would be equal to saying only concrete roads but not macadam roads are subject to various construction requirements, or that only jet aircraft must meet air-worthiness standards. Objective and reasonable people will immediately realize the weakness, and more important, the danger of such arguments.