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PPI Report: ‘The Best Path Forward on Net Neutrality’ is to Focus on Investment, Case-by-Case Adjudication

  • September 4, 2014
  • The Progressive Policy Institute

The Progressive Policy Institute (PPI) today released a new policy report providing evidence that the best possible resolution to the current “net neutrality” stalemate is for the FCC to avoid the heavy-handed approach of Title II regulation, and lean instead on its Section 706 authority to regulate potential abuses by Internet Service Providers (ISPs) on a case-by-case basis.  The report was also filed into the FCC’s official docket on the proposed rules for the Open Internet.

Co-authored by PPI Senior Fellow Hal Singer and Brookings Non-Resident Senior Fellow Robert Litan, The Best Path Forward on Net Neutrality argues that by relying on its Section 706 authority the FCC can promote greater investment across both edge and content providers compared to Title II. It will also allow the FCC to avoid any unintended consequences, such as creeping regulation, that encompasses content providers or other ISP services.

“Internet policy, including the resolution of the net neutrality debate, should be guided, in our view, by a simple rule: Pick the policy that maximizes total investment across the entire Internet ecosystem,” write Singer and Litan. “Investment by both core and edge providers is paramount to a properly functioning Internet ecosystem, and due to feedback effects, investment by one depends on the investment by the other.”

“Imposing public-utility style regulation on Internet access would dampen innovation and investment in more, faster broadband. We propose the FCC implement the same case-by-case process to adjudicate discrimination complaints it has established for cable companies to broadband providers.”

The report’s release comes at a critical time when the FCC is seeking public comment on the current role of the Internet’s openness in facilitating innovation, economic growth, free expression, civic engagement, competition, and broadband investment and deployment. The FCC’s open comment period on the proposed Open Internet rules is set to close on September 15.

Download The Best Path Forward on Net Neutrality.

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