Old Ideas on So-Called “Net Neutrality” Resurface in the New Congress

Senator Ed Markey and Representative Mike Doyle recently introduced the Save the Internet Act in the Senate and House (S. 682 and H.R. 1644 respectively). The bills resurrect some old ideas on regulating the internet in the name of so-called “net neutrality”. Today, the House Energy and Commerce Committee held a hearing entitled “Legislating to Safeguard the Free and Open Internet” where they considered this legislation.

Manufacturers agree that Congress, rather than the Federal Communications Commission, should act to establish a predictable legislative framework for a free and open internet, but the bill the committee considered today is not the way to do so. The Save the Internet Act would repeal the FCC’s most recent action that replaced heavy-handed, Obama-era regulations with sensible regulations designed for the internet of today. And, rather than provide new ideas to bring our nation’s communications law into the 21st century, the bills would then reinstate those earlier overly-burdensome regulations classifying the internet as a utility under Title II of the Communications Act of 1934.

Title II regulations are not the correct way to achieve an open internet. They ignore the competitive landscape of the marketplace and, based on a law enacted before color television much less the internet, fail to account for the internet as it exists today. They would have the unintended effect of harming consumers and industry by injecting further regulatory uncertainty into the shifting federal approach to broadband, potentially stymying private sector capital investments. The FCC’s most recent actions only went into effect last summer, and the sensationalized predictions that they would signal the end to an open internet were not accurate.

Manufacturers depend on a reliable telecommunications infrastructure to connect and enable manufacturing technologies. While the legislation the House committee considered today would unquestionably be a step backwards, the National Association of Manufacturers encourages Congress to consider forward-thinking legislative solutions for our nation’s broadband future—solutions that apply fairly across the internet ecosystem and provide the certainty necessary for our industry’s continued innovation.

Stephanie Hall

Stephanie Hall is the Director of Innovation Policy at National Association of Manufacturers.

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