Former FCC Adviser: Open Net May Be in Danger

A former Federal Communications Commission adviser believes the freedom of the Internet could be in danger, in light of the Supreme Court’s consideration of a 9th Circuit Appeals Court ruling that rejected the Federal Communications Commission'sdecision to let cable modem companies keep other service providers off their networks.

"For now, uncertainty reigns, as Congress considers whether to revise the Communications Act," said Kyle Dixon, in a column for CNET March 31. "While defending its policies in court, the FCC will need to address several issues related to broadband. For instance, should new services like Voice over Internet Protocol, or VoIP, be regulated? And how should owners of networks recover their costs in areas that are expensive to serve?"

Now a senior fellow at the Progress & Freedom Foundation, following a term as broadband adviser to former FCC chairman Michael Powell, Dixon said the last thing the broadband world needs is more government regulation.

Dixon also wrote that asking whether Congress and regulators "should keep the Internet open," particularly as the U.S. Supreme Court began considering whether to spare broadband from telecom regulation, is oversimplifying the matter.

"The real question is how to encourage the further build-out of broadband networks," Dixon continued. "The FCC wants to stimulate broadband investment and once again make the United States the top nation in broadband usage. We are far from that ranking now, and based on the arguments heard in court, the agency may be forced to impose regulations that would deter broadband investment."

More regulation, Dixon said, "could cast a pall over investment in all sorts of technologies, including wireless broadband and fiber to the home. But given the political context network owners are likely to face in the foreseeable future," he concluded, "they may discover that taking control of their openness destiny voluntarily is better than risking losing control if a mandate is imposed."