5 Questions for the FCC on Net Neutrality

February 15, 2011

Here are five questions that would be helpful to have the FCC answer concerning net neutrality.

  1. If the purpose of current telecom law is “to promote competition and reduce regulation,” why does the FCC’s Open Internet order do the opposite and promote regulation and reduce competition?
  2. Why did the FCC basically implement in its Open Internet order the full thrust of a former House-introduced bill, HR 5353: The Internet Freedom Preservation Act of 2008,” which never was voted on at any level of the House or Senate?
  3. Given that the word “open” has 88 definitions per Dictionary.com, why did the FCC never define what it meant by the central term “open” in its order to make clear what definition of “open” the FCC meant? (It seems a very important term to define given that an “open market” is widely known to mean — not regulated.)
  4. Was the FCC fair to the broadband industry in officially classifying their business as a “Broadband Internet Access Service” that has the pejorative acronym of “BIAS?” Does this mean that the FCC has concluded, without any evidence, that the entire broadband industry is BIAS-ed and can’t be neutral? (In other words will the burden of proof be on broadband providers to prove they are not guilty of bias or non-neutrality, rather than being assumed innocent of illegal bias until proven guilty?)
  5. If the FCC is claiming to have largely unbounded legal authority to regulate the Internet to protect consumers, why did the FCC only choose to regulate competitive companies without market power that haven’t done anything wrong, while ignoring a monopoly like Google that has a dominant position and market power per the DOJ and FTC; that is under antitrust investigation by the EU for not being neutral, and that is facing several private antitrust cases in the U.S. and Europe for not being a neutral search network?

 

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