Free State Foundation President Randolph May issued the following statement regarding the FCC’s action today reaffirming the Restoring Internet Freedom Order:
“The FCC’s action in 2017 in its Restoring Internet Freedom Order is the most consequential action taken thus far in Ajit Pai’s chairmanship, with the support of Commissioners Michael O’Rielly and Brendan Carr. And so today’s action reaffirming the RIF Order is equally consequential. It’s the most consequential because it’s clear that subjecting Internet providers to public utility-like regulation is harmful to consumers, if not immediately, then certainly over time. Since the repeal of the public utility regulatory regime imposed by the Obama Administration FCC, broadband investment, broadband speeds, broadband deployment, and broadband access have all increased, while prices for ISP services have not increased. And, of course, the Internet remains open. This is why consumers have benefitted from the RIF Order.
If convincing evidence of consumer harms ever does materialize – which I doubt will occur – then the FTC and the Department of Justice should be able to address any demonstrated harms. And, of course, in any event, Congress ultimately could decide to adopt a framework for regulating broadband.
If next year happens to bring a change in the makeup of the Commission, with a Democrat Chairman, it’s quite possible, maybe probable, the rubber ball will bounce again and that public utility regulation of Internet providers will be restored. If this were to occur, even in the face of the accumulating evidence showing that repeal has benefitted consumers, then perhaps Congress will act to adopt a free market-oriented law that will protect the openness of the Internet while, at the same time, avoiding discouraging the innovation and investment upon which a sustainably vibrant Internet depends."
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