The Big Unanswered Net Neutrality Questions

May 5, 2011

The latest debate over net neutrality regulation in the House Judiciary Committee today spotlighted for me three big fundamental questions that the FCC has still not answered.

  1. If the alleged net neutrality problem the FCC claims to be trying to solve in the Open Internet Order was so incredibly urgent to put in place in December, that everyone’s holiday plans at the FCC had to be disrupted, why is the publishing of the rules in the Federal Register happening at such a leisurely, anything-but-urgent, pace?
  2. When the law of the land has a clear national policy bias “to promote competition and reduce regulation,” how does the FCC legally justify an FCC Open Internet policy bias to promote regulation and reduce competition?
  3. How can the FCC use an obviously de-regulatory, pro-competition provision of law, Section 706, to legally justify an obviously regulatory de-competition Open Internet Order?
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