Indie MSOs Advised To Tread Carefully On Broadband Caps, Usage-Based Policies

Lawyers and lobbyists who are looking out for the best interests of the nation’s independent operators have a message to share with those that are considering new usage-based broadband policies after a court vacated much of the Internet Open Internet rules: tread carefully.

“Proceed with extreme caution,” said Barbara Esbin, senior counsel at Cinnamon Mueller who also provides council to the American Cable Association. She said there is much uncertainty ahead. New Federal Communications Commission Chairman Tom Wheeler has promised to pursue the network neutrality issue, and there’s some who believe he might move to reinstate the vacated rules or adopt a new form of them. A court vacated parts of the original order, but upheld the FCC’s broad authority on broadband. Title II classification is a possible route, but few believe the FCC “would go to that extreme position,” Esbin said. “That’s an unlikely scenario…but that option is still there,” she warned.

“[Chairman Wheeler] is experienced and he has an experienced crew,” said Tom Cohen, an attorney with Kelly Drye & Warren. “My sense is he will push things forward and be fearless about it.”