Free Press to FCC: Reclassify broadband as public utility

Amid speculation that the FCC will proceed with a net neutrality order in December, the public interest group Free Press made its case for reclassifying broadband as a telecommunication service on Monday with the release of a new report.

"The Commission can and should re-establish its authority over broadband networks by classifying broadband Internet connectivity as a telecommunications service," wrote Aparna Sridhar, policy counsel for Free Press and author of the report. "Doing so will establish a stable, bounded, and conservative foundation for its broadband agenda."

Last spring, after a court case cast doubt on the FCC's regulatory authority over broadband, FCC Chairman Julius Genachowski proposed classifying the Internet under Title II of the Communications Act, the same statute that governs telephones. Such a change in regulatory status would allow the commission to assert authority over carriers when necessary, ostensibly. Genachowski calls his plan the "third way" saying he would exempt broadband from the more onerous provisions of Title II such as price controls.

Industry and lawmakers from both sides of the aisle have rejected the plan saying it will chill business investment and innovation. Public interest groups argue just the opposite.

On a conference call with reporters, fellow communication experts and consumer advocates Tim Wu, author of Master Switch; Susan Crawford, Cardozo Law School professor; and Free Press President Josh Silver, supported Sridhar's thesis.

Genachowski's plan is "both necessary and wise," Silver said. Silver argued that industry research claiming that Title II will hurt business and stifle innovation is "misleading."

The report comes at a critical moment as industry observers believe the commission is preparing to consider a net neutrality order in December under Title I of the Communications Act. The purpose of such an order would be to codify rules that will allow the FCC to protect the openness of the Internet. Up for debate is whether a rule under Title I will sufficiently empower the agency to carry out the national broadband plan and protect the Internet for consumers.

"Title I is leading the agency down a path of intense confusion," Wu said. According to Sridhar, Title II is the only good choice. "The only question that remains is whether Julius has the political courage to go through with it," she said.

Public interest groups are speaking with the FCC Monday afternoon and NCTA, the principal trade association for cable, is meeting with agency staff to discuss net neutrality.

The commission has yet to deny or confirm that it is preparing a net neutrality rule for the agency's meeting next month.