Let the Broadband Games Begin (Continually)...

Almost one month from the day that a Federal Appeals Court ruled that the FCC exceeded its authority when it sanctioned Comcast in 2008 for deliberately slowing Internet traffic for some users (see my April 6 post), FCC Chairman Genachowski announced in a speech yesterday his intent to propose that the FCC issue a public notice to seek comment on a new legal framework to govern broadband Internet access providers.

Here we go again again...

Genachowski characterized his goal as an effort to "restore the broadly supported status quo consensus that existed" concerning regulation of broadband Internet access providers prior to the Comcast v. FCC decision (Comcast). He further said his approach as consistent with the "bipartisan consensus" that the FCC should adopt a restrained approach to regulating broadband communications, but emphasized that "consumers need basic protection against anticompetitive or otherwise unreasonable conduct by companies providing the broadband access service (e.g., DSL, cable modem, or fiber) to which consumers subscribe for access to the Internet."

Following the speech, applause echoed from Silicon Valley and, of course, gasps of horror and screams of outrage emerged from carriers. Yawn.

Nothing has changed. This debate has been raging for years and will continue to simmer and/or burn endlessly and, frankly, I have to agree to some extent with the carriers who have called it a waste of energy that could otherwise be directed to the acceleration of broadband deployment that the FCC/Administration hopes to drive, including via measures such as announced by Genachowski yesterday.

On the other hand, the FCC announcement and related actions is serving an important purpose - in the absence of clear regulatory authority (depending which side you're on) and in the context of launching yet another round of the debate, the FCC is providing the very "regulatory" spotlight that is demanded to ensure that consumers are not abused. The debate itself has become the process of regulatory oversight...