Commissioner O'Rielly Slams FCC's General Conduct Standard

Commissioner Michael O'Rielly of the Federal Communications Commission took aim at the FCC's Open Internet order general conduct standard, which the FCC is using to determine, on a case by case basis, what Internet service provider practices outside the bright-line rules against blocking, throttling and anticompetitively prioritizing 'net content are also prohibited. He said that while FCC Chairman Wheeler has called that "having a referee on the field." Commissioner O'Rielly said that the problem was that "we have no idea of what the rules of the game are." He said there was no telling when the FCC might throw a flag, or over what infraction. "We have no idea. It's whenever the bureau or the chairman feels like it."

Commissioner O'Rielly took aim at the FCC's current inquiry into zero rating plans and whether those are practices that run afoul of the general conduct standard. He said that those are being looked at by two different bureaus and potentially the Enforcement Bureau, but with no "rules of the road" on how it is being conducted or when it will end. Asked what the net effect of the Open Internet order has been, Commissioner O'Rielly said that he doesn't know whether that item has changed behavior because carrier's supposed bad behavior was not happening before the rules were imposed and weren't happening now. But he said he has talked to companies who say they have changed investment decisions and rollout of products based on the rules.