Investment | THE CABLE PIPELINE

FCC: We Will Regulate Broadband

Since the dust has settled from a stinging defeat in federal court, the FCC has decided to move on its own to settle the broadband regulation dispute. With a 3-2 vote the commission issued a Notice of Inquiry that would set the stage for more regulatory authority of broadband.

It seems ironic that the motivating factor was the court case brought by Comcast in Federal District Court to immobilize the FCC’s efforts to sanction the service provider from throttling Bit Torrent, file sharing customers. Evidently commissioners felt not only embarrassed that it did not have authority over broadband, but that any move to interfere in future disputes in net neutrality questions would be tied up in the courts for years. Not only were those issues, but parts of the National Broadband Plan was predicated on the FCC having authority to move its agenda forward, bringing this into question.

Clearly this is a commission determined, with the necessary votes, to stem the tide of court challenges of its authority in the broadband arena. Congress has been absent in formulating any new rules to effectively address the tremendous up-surge in Internet traffic resulting in these issues being brought to the forefront. The Telecommunications Act of 1996 did nothing to address the Internet since, at that particular time; most of us were barely getting our feet wet on this new and exciting realm. Now, the landscape has changed to remind everyone involved of the potential expand or retract the Internets growth and accessibility.

With constituents on opposite sides of the regulatory debate hitting Capitol Hill with power lobbyists, congress is now weighing in on the issue with rumblings of new bills to clarify the FCC’s responsibilities. A democratic congress could assure that laws are enacted to give the FCC its due course in reining in a perceived Wild-Wild West Show the Internet has provided by solidifying an upfront regulatory environment.

Whether this will dampen investment in the very technology that could create and sustain new jobs should weigh in on every lawmaker in Washington, D.C. It could also run counterproductive to the President’s already lagging approval ratings if new jobs are not both a clear and near term focus. What does the economy need: a determined focus on job creation and job sustainability? Let us not forget that market investment, not regulation, creates and sustains new jobs.

GHTime Code(s): nc nc 3ae9c 2bbcd 525aa nc nc 23326 nc ae7e1 aa05e nc

The Cable Pipeline Opinion: Net Neutrality’s Conundrum

: Image via Wikipedia

Through continued research of the Net Neutrality debate, distinct realizations come to mind for Regulators’, Consumers, and Network Providers alike in pondering the heated discussions around whether either regulation, or a (hands-off) approach, are sufficient to allow unfettered and equal access, including clear competition, and that all are present on the Broadband pipelines.

First there has continued to be somewhat of a hysteria and possibly pre-ordained fear, albeit without serious incidents of record, that network providers both have and will continue to throttle speeds and limit access of their customers to the copious amounts of content becoming available through the Internet. Perhaps the hysteria has unfolded as a result of one BitTorrent case, or associated with a fear of other industry debacles as seen with banks, Insurance companies, Investor Management companies, and Wall Street, driving the public to government as their interventionist in reigning in these industries; but how realistic are these fears based on the current Internet model?

Regulation can hamper Broadband Access and Adoption

Increased regulation of a burgeoning Internet on the verge of offering just the recipe the FCC is mandating could backfire in helping startup companies materialize and grow while slowing the proliferation of increased infrastructure, and network upgrades. Without the freedom to invest and seek sufficient ROI’s network providers will cut costs rather than invest for the future. This could stunt job creation, a by-product of innovation and free-flowing investment, in an industry with a broad potential to produce applications and services for the Internet.

Network Management Polices will continue to improve and evolve to handle varying Traffic Needs

It is in the best interest of private network providers to provide the best network management policies for all users in continuing to build their consumer and business base. This correlates to (Business Management – Best Practices-101). If a company cannot offer the best experience for its customers all businesses, whether an Internet Provider or a Wal-Mart, cannot survive the long term.

Use of Anti-Trust Statutes to curtail (Bad-Actors)

Absent a serious history of abuses within the Internet pipelines the FCC should concentrate on harnessing (bad-Actors) with Anti-Competitive Statues, not regulation, allowing that these companies will receive stiff penalties, and will certainly be brought to the forefront via customers and competitors having been abused, disenfranchised, and denied access to fair treatment.

Incentives rather than Regulation

Broadband Stimulus Plan funds should be used to incent companies to build new infrastructure and upgrade their networks to realize an adoption and access vision which the FCC has been mandated to accomplish. First, detailed maps must be created to determined where the infrastructure is located, and where it is not. Then current providers of Telephone, Cable, or Wireless are incented to build and upgrade their networks in rural areas to provide needed Internet services. Monies will be better spent with incentives associated to quantifiable results rather than regulation and mandates of an existing industry.

The Cable Pipeline has written about both sides of the Net Neutrality issue. It is without question a passionate and personal debate with results having far reaching implications in the lives of individuals, businesses, and public sectors alike. The FCC has been prudent in seeking comment from all stakeholders which will hopefully produce the right results for all concerned. When the dust settles, my preference would lean more toward less regulation and more incentives therefore spurring economic growth and job creation.