Rep. Mike Coffman has just introduced the "21st Century Internet Act" – a bill that would put the Internet under harmful heavy regulation. The new bill is a bureaucrat’s dream, as it would empower the FCC to enforce restrictive controls over how broadband Internet networks operate. Congress should disregard this bill and its call for Internet regulation overkill.
Rep. Coffman’s bill seeks to revive the FCC’s short-lived experiment in imposing public utility regulation on Internet access services. It would even re-impose the vague and legally dubious “general conduct” or “catch all” standard that gave the FCC seemingly unfettered power over broadband ISP network management practices. There is solid evidence that public utility regulation harmed investment in broadband Internet networks, including mobile wireless networks. In late 2017, FCC wisely repealed its unjustifiable and harmful public utility regulation.
Importantly, the Internet remains open without public utility regulation. There is no evidence that consumers are being harmed by broadband ISP network management practices. And consistent with the FCC’s Restoring Internet Freedom Order, the Federal Trade Commission is available to take enforcement actions against any broadband ISP management practices that are unfair or deceptive.
Unfortunately, there is plenty of evidence that major online content companies known as “edge providers” are lobbying hard and waging PR campaigns for legislation to benefit their bottom line by regulating broadband ISPs. This might explain the introduction of Rep. Coffman’s regrettable Internet regulation bill. But members of Congress should resist the temptation to assert economy-harming controls over our most advanced technologies, particularly where there is no consumer protection case for doing so.
It is almost certain that this new Internet regulation bill will live a short and isolated existence in 115th Congress. Members of Congress should instead focus their efforts on legislation to promote economy-enhancing deployment of next-generation fiber-optic, satellite, and 5G networks to all Americans.
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