Which Way, Mr. Wheeler?

[Commentary] Federal Communications Commission Chairman Tom Wheeler affirmed his commitment to the FCC’s Open Internet Rules in a House Commerce Oversight Hearing. That’s reassuring. But, those rules are being challenged in the DC Circuit Court of Appeals, and an adverse decision by the court would not only invalidate the rules but could also put the FCC’s authority in jeopardy.

This could make it impossible for the FCC to implement any future policies to prevent harms that arise beyond those contemplated by the current rules. The question is how Chairman Wheeler will defend the historical principles he’s identified if the court invalidates the FCC’s ability to implement the Open Internet Rules in whole or in part. The Chairman has said that “regulating the Internet is a nonstarter,” which suggests he is already considering specific ways in which the FCC might step in. Yet determining the best regulatory path forward must be underscored by an examination of the Internet ecosystem in its entirety, and ensuring that ecosystem leads to the types of effects we would expect in a competition-driven market.