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Michael Hiltzik: After a years-long pause, the FCC resurrects 'network neutrality,' a boon for consumers

Michael Hiltzik, Los Angeles Times on

Published in Business News

Indeed, in a lengthy dissenting statement, Brendan Carr, one of the commission's Republican members, repeated all the conventional conservative arguments presented to justify the repeal of network neutrality in 2017. Carr painted the 2015 restoration of net neutrality as a liberal plot — "a matter of civic religion for activists on the left."

He asserted that the FCC was then goaded into action by President Obama, who was outspoken on the need for reclassification and browbeat Wheeler into going along. Leftists, he said, "demand that the FCC go full-Title II whenever a Democrat is president."

Carr also depicted network neutrality as a drag on profits and innovation in the broadband sector. "Broadband investment slowed down after the FCC imposed Title II in 2015," he said, "and it picked up again after we restored Title 1 in 2017."

Carr chose his time frame very carefully. Examine the longer period in which net neutrality has been debated at the FCC, and one finds that broadband investment crashed after a Republican-led FCC reclassified broadband as an information service in 2002, falling to $57 billion in 2003 from $111.5 billion in 2001.

Investment did decline between 2015, when net neutrality rules were reinstated, and 2017, when they were rescinded — by a minuscule 0.8%. It hasn't been especially robust since then — as of 2002 it was still running at only about 92% of what it had been two decades earlier.

As the FCC observed in Thursday's order, "regulation is but one of several factors that drive investment and innovation in the telecommunications and digital media markets."

 

The commission cited consumer demand and the arrival of new technologies, among others. Strong, consistent regulation, moreover, opens the path for new competitors with new ideas and innovations — and can bring prices down for users in the process.

The truth is that network neutrality has been heavily favored by the public, in part because examples of ISPs abusing their power were not hard to find. In 2007, Comcast was caught degrading traffic from the file-sharing service BitTorrent, which held contracts to distribute licensed content from Hollywood studios and other sources in direct competition with Comcast's pay-TV business.

In 2010, Santa Monica-based Tennis Channel complained to the FCC that Comcast kept it isolated on a little-watched sports tier while giving much better placement to the Golf Channel and Versus, two channels that compete with it for advertising, and which Comcast happened to own. The FCC sided with the Tennis Channel but was overruled by federal court.

Even barring a change at the White House, the need for vigilant enforcement will never go away; ISPs will always be looking for business models and manipulative practices that could challenge the FCC's oversight capabilities, especially as cable and telecommunications companies consolidate into bigger and richer enterprises and combine content providers with their internet delivery services.

"This is an industry," Aaron says, "that requires a lot of scrutiny."


©2024 Los Angeles Times. Visit at latimes.com. Distributed by Tribune Content Agency, LLC.

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