Washington Conquers the Internet

[Commentary] Federal Communications Commission Chairman Tom Wheeler unveiled a plan to demolish a policy that for two decades has allowed the Internet to become the jewel of world-wide communication and commerce. His new “Open Internet” plan represents a monumental shift from open markets in favor of government control. It is a grave threat to American innovation.

Reclassifying broadband as a telecommunications service would expose it to rate regulation by the FCC and new Universal Service taxes. Chairman Wheeler says he will avoid placing these and myriad other burdens on digital networks by exercising the commission’s “forbearance” authority. Chairman Wheeler may promise forbearance, but watch out, because that’s not how government works. The nature of bureaucracies is to grab power and expand it. Once the FCC assumes the authority to set “rates, terms and conditions” across the online economy, expect a political land rush. The Beltway struggle for advantage will be so intense and the stakes so high that even Kate Upton might pause before strolling on to this digital battlefield. And if there is one certain result from this clash of lobbyists, it is that the average Internet user will not be the winner. Even if the FCC forbears from most of the ancient rules, the Chairman’s plan explicitly gives the commission authority to decide which business terms are “just and reasonable” and which practices are “unjust and unreasonable.”

The FCC chairman will then become the Frank Underwood of the Web. And as with the “House of Cards” character, the communications and media companies that want something done in DC will have to go through him.