Chicago Tribune Editorial Explains Why Deregulating Internet Service Makes Sense

DEC 1, 2017 - The Chicago Tribune Editorial Board on Friday said the challenge to assessing the Trump administration’s pending decision to deregulate internet service is that hardly anyone understands Title II of the Communications Act of 1934 - which is an important (yet difficult) step toward interpreting net neutrality.

Title II, considered to be the key to net neutrality or the open internet, is the legal foundation on which the FCC enacted the Open Internet Order of 2015, which established rules for internet service providers (ISPs) regarding net neutrality, according to a May 20, 2014 article (updated Nov. 22, 2017) from The Daily Dot at https://www.dailydot.com/layer8/what-is-title-ii-net-neutrality-fcc/

The Daily Dot explained that Title II of the Communications Act concerns something called "common carriers," which also covers utilities like landline phones and electricity. The 2015 Open Internet Order reclassified broadband internet service from under Title I (as an information service) to Title II, which provided the legal basis for the FCC to enforce net neutrality rules.

With the FCC's net neutrality regulations backed by the authority under Title II, ISPs are forbidden from blocking or throttling data, and from enacting "paid prioritization" offerings - which allows ISPs to discriminate between websites' data. If allowed, according to The Daily Dot, ISPs could charge content providers to deliver data to customers through a so-called "internet fast lane."

The Chicago Tribune Editorial Board said, like all major government efforts to deregulate industries, from telephones to airlines, the Federal Communications Commission's move to do away with net neutrality is destined to have a major impact. WE THINK CONSUMERS WILL BENEFIT BECAUSE INCREASED COMPETITION IS A GREATER SPUR TO TECHNOLOGICAL INNOVATION THAN GOVERNMENT FIAT.

This is not to minimize the uncertainty of cutting the cord on net neutrality. There’s a lot of concern, especially among Democrats, that deregulating internet communications is going to hurt consumers. THE FEAR: INTERNET PROVIDERS (CABLE COMPANIES AND WIRELESS CARRIERS) WILL USURP CONTROL OF BANDWIDTH FOR THEIR OWN BENEFIT. They’ll speed up and improve the transmission quality of websites they control and charge more to guarantee high speeds, while slowing down everything else. So pay up or enjoy the buffering.

To conclude the argument in favor of net neutrality, what’s vital to citizens and key to innovation is the digital services everyone accesses via computers, phones and other networks. By this thinking, the actual piping is akin to a regulated water or electric company. It should be maintained as neutral territory.

The Chicago Tribune said that would make sense if we believed we’ve reached a point of maximum progress and our main concern, as with an electric utility, is keeping the lights on. But that doesn’t strike us as anything near the reality. DIGITAL TECHNOLOGY IS STILL A NEW, EVOLVING INDUSTRY, MORE LIKE ROBOTICS OR BITCOINS THAN WATER SERVICE. Think about driverless vehicles, wearable health monitors and other internet-abled innovations coming to fruition.

THE EMPHASIS NEEDS TO BE ON ENCOURAGING SCIENTIFIC DISCOVERY AND COMMERCIAL DISCOVERY, WHILE INCORPORATING SAFEGUARDS AGAINST EXPLOITATION.

Now to do that, FCC Chairman Ajit Pai says CEOs, investors and entrepreneurs are in the best position to invent and give consumers what they want, so they should be allowed to compete.

Pai told The Wall Street Journal earlier this year, "The No. 1 issue that I hear about is that people want BETTER, FASTER, CHEAPER INTERNET ACCESS. They want access, period. To me at least, that’s the question the FCC should be squarely focused on: What is the regulatory framework that will maximize the incentives of every company to deploy the next generation of networks?"

The FCC is scheduled to vote on internet regulation Dec. 14. With two other Republicans also on the commission, it appears PAI’S DECISION TO END NET NEUTRALITY WILL CARRY THE DAY. This means internet providers will be able to negotiate payment from larger bandwidth users such as Netflix or Hulu, and offer different price and speed packages to consumers. Competition will spur investment and innovation while offering more choice, just as in airlines and other industries.

Pai said, "Under my proposal, the federal government will stop micromanaging the internet."

The editorial board made two important points to keep in mind:

-- First, DEREGULATION WILL NOT USHER IN A DIGITAL CHAOS. The FCC and Federal Trade Commission will still have oversight responsibilities.

-- Second, net neutrality is a new concept promulgated by the Obama administration. THE INTERNET OPERATED WITHOUT THESE RESTRICTIONS PREVIOUSLY WITHOUT ADVERSE EFFECTS. If deregulation doesn’t work, it can be modified or reversed. Congress also can weigh in.