Congress, not the FCC, should set Internet policy

[Commentary] For years, the federal government regulated telecommunications providers as if confining them to lanes on a racetrack: one lane for traditional telephone service, another for wireless and yet another for cable. Each lane was assigned different rules by the government because it came along at a different time, operated with a different business model and utilized service-specific technologies. This system of rules worked reasonably well until broadband Internet turned those old business models on their heads.

Recognizing this, committee chairmen in both the Senate and House of Representatives have intimated that we will begin looking at reforming the entire body of communications law. We welcome the opportunity to contribute to the start of this long overdue discussion. The old assumptions that led previous generations of legislators to confine each communications service within its own regulatory lane are simply no longer true. If we were to double down on this “regulate first” mentality of the 20th century, it could eventually force the Internet to become a heavily regulated public commodity like electricity and water. And just like power and water utilities have not changed or innovated in decades, today’s Internet would become stagnant rather than remain vibrant. A freer marketplace, not more regulation, promotes innovation and competition, and innovation and competition empower consumers by increasing the choices they have, be it for voice services, video content or the next breakthrough application.


Congress, not the FCC, should set Internet policy