Settle the network neutrality debate with legislation

[Commentary] In the war over network neutrality, it’s clear where the country should end up. Americans should pay for the bandwidth they consume, and they should consume any legal content they want, without interference from the network operators that transport the packets of information into their homes. That’s not just the way to maintain the free flow of information and services on which the Internet thrives; it’s also the way to encourage service providers to improve their networks rather than just manage traffic on their existing wires.

But government efforts to create a policy environment in which that aim is achieved have been erratic and, lately, the subject of intense controversy. That has led the Federal Communications Commission toward approving a net neutrality plan that carries some serious collateral risks. It would be better if Congress finally did its job and agreed on a legislated plan that avoids more bureaucratic wrangling. For years, the FCC has attempted to use old law to regulate broadband. The best way out of this mess is to create new law. It would make net neutrality rules legally unassailable.

Sen. John Thune (R-SD) and Rep. Fred Upton (R-MI) have proposed a net neutrality bill, but it has little chance of becoming law because it strips the FCC of some useful regulatory authorities. That shouldn’t be the end of the legislative discussion.