FCC Chairman Wheeler Testifies Before House Communications and Technology

The House Commerce’s Committee’s Communications and Technology Subcommittee held a Federal Communications Commission oversight hearing on May 20. FCC Chairman Tom Wheeler was the only witness. House Republicans told Chairman Wheeler that they were troubled both by what the agency is doing, and what it is not. “Given some of the most recent actions out of the commission,” including the issuance of network neutrality rules and regulations governing coming auctions of airwaves for wireless broadband, “I fear that we may be headed into some rough waters,” Subcommittee Chairman Greg Walden (R-OR) said.

Actually, the criticism over net neutrality was fairly bipartisan, highlighting the controversy over Chairman Wheeler’s attempt to steer a middle path in the net neutrality debate. Republicans said Wheeler's plan goes too far, threatening to stifle the Internet's growth. Many Democrats think Wheeler's effort doesn't go far enough in asserting stronger regulatory powers to prevent broadband providers from charging companies more for higher-speed delivery of their content. Chairman Wheeler said his plan attempts to reinstate rules protecting Internet traffic that can stand up to legal review. "I understand that there is a great debate on this issue," Wheeler said. "I’ve consistently said that there is only one Internet. There’s not a fast Internet and a slow Internet ... and when the consumer buys access to the Internet, they are buying access to the full Internet and that’s what our rules attempt to protect," he said.

One key question is whether broadband providers should be subjected to tougher, utility-like regulation under the nation's telecommunications law. Republicans oppose any Net neutrality rules, arguing that the Internet has flourished in large part because it has been free from heavy government regulation. They are particularly upset about the idea of reclassifying Internet providers as so-called common carriers, similar to phone companies. Rep Anna Eshoo (D-CA), who represents Silicon Valley, also warned against the possibility that the proposed open Internet rules would allow broadband providers to offer faster access to their networks to companies willing and able to pay for that access. Lawmakers tried to pin down Wheeler on whether he opposed allowing paid prioritization. He said the agency recognizes that Internet providers would be disrupting a "virtuous cycle" between the demand for free-flowing information on one hand and new investment in network upgrades on the other if they started charging companies like Google for better access to consumers. What's more, he said, the FCC would have the legal authority to intervene. "If there is something that interferes with that virtuous cycle -- which I believe paid prioritization does [his emphasis] -- then we can move against it," Wheeler said. Wheeler cited network equipment manufacturers who've argued that you can't create a fast lane without worsening service for some Internet users. "That would be commercially unreasonable under our proposal," Chairman Wheeler said. Some Democrats said it should be banned. "If this concept moves forward, we could inadvertently block the next Google or Amazon from the market without even knowing it," said Rep. Doris Matsui (D-CA).

Chairman Walden also cited as troublesome the agency’s “selective inaction,” including its failure to complete its 2010 quadrennial review of broadcast ownership rules. Chairman Wheeler, who took office in late 2013, said earlier this year that the FCC would skip that long-delayed report in favor of a new, 2014 review of the rules.

Walden and full Commerce Committee Chairman Fred Upton (R-MI) also accused Wheeler of playing partisan politics -- citing reports that Wheeler sharing agenda items with Democratic commissioners a day before he shared them with the GOP commissioners.