Genachowski: Internet principles aren’t rules

by on September 21, 2009 · 5 comments

The FCC announced today that it will consider adopting net neutrality rules. The announcement comes in a speech by Chairman Julies Genachowski, which you can read here and watch here. Genachowski says,

To date, the Federal Communications Commission has addressed these issues by announcing four Internet principles that guide our case-by-case enforcement of the communications laws. … The principles were initially articulated by Chairman Michael Powell in 2004 as the “Four Freedoms,” and later endorsed in a unanimous 2005 policy statement[.] … Today, I propose that the FCC adopt the existing principles as Commission rules, along with two additional principles that reflect the evolution of the Internet and that are essential to ensuring its continued openness.

By suggesting that they must be codified, Genachowski is implicitly (if not explicitly) conceding that the FCC’s Internet principles are a mere policy statement and not a binding and enforceable rule. I’ve explained why this is the case previously. So, someone should call the D.C. Circuit, considering the Comcast case, and let them know their job just got a lot easier.

Second, Genachowski gives “limited competition” as a reason to consider regulation. However, the best available data from the FCC show that 98% of zip codes have 2 or more broadband providers, 88% of zip codes have 4 or more broadband providers, and 77% of zip codes have 5 or more broadband providers. That said, some have questioned whether the FCC’s data are accurate, and the FCC’s next broadband report is supposed to have data gathered at the census tract level for a more detailed set of speed categories. So, the FCC is proposing a regulation before it has completed an ongoing study to discover whether there is a real problem. It’s almost as if Kevin Martin is still running the place.

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About Jerry Brito

Jerry Brito is a senior research fellow at the Mercatus Center at George Mason University, and director of its Technology Policy Program. He also serves as adjunct professor of law at GMU. His research focuses on technology and telecommunications policy, government transparency and accountability, and the regulatory process. Jerry is also a regular contributor to TIME.com's Techland. His personal web site is jerrybrito.com. You can follow him on Twitter and on Google+.

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  • flawedskull

    Jerry

    I worry a lot about this. Should we be so worried? I fear that this administration (perhaps like, but a little more than the previous administration) will definitely adopt stringent “net neutrality” rules as theres nothing to stop them. Its a free for all against the market system. Opposing regulations is not a defensible viewpoint apparently.
    How much should we tech liberation fans be worried if the rules actually are implemented?

  • http://www.jameshatch.com/2009/09/21/the-internet-must-be-free-of-overwhelming-regulation/ The Internet Must be Free of Overwhelming Regulation. | James [ HATCHideas ]

    [...] From: Techmeme (Follow these links to get additional perspectives) Chris Albrecht / NewTeeVee: FCC on Net Neutrality Could Impact Your NewTeeVee Julianne Pepitone / CNNMoney.com: FCC chairman proposes Net neutrality rules Brian Chin / The Microsoft Blog: FCC endorses network neutrality Fawn Johnson / Dow Jones Newswires: FCC Head Unveils Open Internet Proposal;Vote Set For Oct Ryan Singel / Epicenter: FCC Backs Net Neutrality — And Then Some Neil Hughes / AppleInsider: FCC chairman: Net neutrality must be preserved Julius Genachowski / WhiteHouse.gov Blog: “The Open Internet: Preserving the Freedom to Innovate” Kit Eaton / Fast Company: FCC Embraces Net Neutrality, Enforces It On ISPs David Isenberg / CircleID: Making Network Neutrality Sustainable, Revisited Tricia Duryee / mocoNews: FCC Lays Out Blueprint For The Open Internet Anthony Ha / VentureBeat: FCC chair proposes net neutrality rules, says commission must be “smart cop” Reuters: FCC proposes new open Internet rules Larry Dignan / Between the Lines: FCC lays out Net neutrality framework: Transparency of network management eyed Avner Ronen / boxee blog: In support of Net Neutrality John Paczkowski / Digital Daily: FCC Chair Proposes Net Neutrality Rules Frederic Lardinois / ReadWriteWeb: FCC Proposes New Rules to Ensure Net Neutrality – Launches OpenInternet.Gov Karl Bode / DSLreports: FCC Outlines Plan For Network Neutrality … Nilay Patel / Engadget: FCC chairman formally proposes net neutrality rules Adam Ostrow / Mashable!: OpenInternet.gov: FCC Launches Site to Promote Net Neutrality Michael Klurfeld / Techgeist: FCC Outlines Net Neutrality Provisions, Launches OpenInternet.gov Tim Karr / savetheinternet.com/blog: FCC Chief ‘Boldly’ Commits to Net Neutrality Jerry Brito / Technology Liberation Front: Genachowski: Internet principles aren’t rules [...]

  • brettglass

    It was ironic, I thought, that Chairman Genachowski said that he wanted a process that was “fact-based” and “data-driven,” and yet made it clear that his forthcoming effort to regulate the Internet was founded on assertions (in particular, as you mention, that there is no broadband competition) that are not supported by the facts. In my small, rural town of 28,000 souls, there are ten — count them — commercial high speed Internet providers. And, of course, there are even more in areas where the population will support more. No competition? I think not.

  • brettglass

    It was ironic, I thought, that Chairman Genachowski said that he wanted a process that was “fact-based” and “data-driven,” and yet made it clear that his forthcoming effort to regulate the Internet was founded on assertions (in particular, as you mention, that there is no broadband competition) that are not supported by the facts. In my small, rural town of 28,000 souls, there are ten — count them — commercial high speed Internet providers. And, of course, there are even more in areas where the population will support more. No competition? I think not.

  • http://techliberation.com/2009/10/12/no-seriously-u-s-broadband-competition-sucks/ No, Seriously, U.S. Broadband Competition Sucks — Technology Liberation Front

    [...] I didn’t say anything last month when Jerry—albeit with some caveats—cited that FCC stat about how 88 percent of zip codes have four or more broadband providers. But now I [...]

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