The Open Internet Preservation bill is counter-productive

[Commentary] HR 3982, the Open Internet Preservation Act, a bill introduced by Reps Henry Waxman (D-CA) and Anna Eshoo (D-CA) to reverse the DC Circuit Court’s order vacating the Federal Communication Commission’s Open Internet Order (OIO), is a symbolic measure that has no realistic chance of passing the House.

The bill simply raises a flag and rallies the troops. We appreciate the energy and enthusiasm shown by the sponsors of H. R. 3982, but we would encourage them to focus on the conditions that led the court to vacate the FCC’s rules. Congress has not provided the FCC with clear guidance regarding Internet policy, and this lack of direction has forced the agency to improvise both in regards to policy and jurisdiction. The Internet is in no immediate crisis; there is, however, increasing friction between the silos model of regulation in the Communications Act and the nature of the Internet ecosystem. Pretending that the Internet is no different from the traditional telephone network will not resolve this problem. The Communications Act is past due for revision. Rather than writing symbolic bills to address hypothetical problems, Congress should develop a holistic vision of the Internet. The new Communications Act must recognize that the Internet is not a finished product. We will see the rise of new services that require specialized support from broadband networks, and we will see new business models developing.

[Richard Bennett is a visiting fellow at AEI]