Testing the FCC's Net Neutrality Political Calculus

[Commentary] Currently the Federal Communications Commission and Congressional Democrats are rejecting the proverbial “bird in the hand,” i.e. proposed network neutrality legislation that would provide the FCC with the legal authority it has sought for seven years, in order to go for the “two birds in the bush,” or maximal perceived authority via unilaterally reclassifying the Internet as a Title II telephone utility.

Such action could result in the FCC losing everything in court or in a change of administration. The FCC and congressional Democrats have maximal negotiating leverage now. This leverage understandably would evaporate if the FCC were to reject any congressional resolution or bipartisanship, and unilaterally reclassify the regulatory status of the Internet. Do the FCC and congressional Democrats reject “the bird in hand” of permanent legislation to enforce all currently known net neutrality violations, or do they risk the roughly 75 percent probability that they could lose all authority to enforce net neutrality after 2017? Wouldn’t consumers want a “bird in hand,” bipartisan, legitimate, and permanent resolution that puts their interests and protection above “two birds in the bush” politics?

[Scott Cleland is President of Precursor LLC, a research consultancy for Fortune 500 companies]