FCC's Mignon Clyburn Defends Chairman's Net Neutrality Regulation Proposal
June 4, 2010 at 5:30 AM (PT)
FCC Commissioner MIGNON CLYBURN defended Chairman JULIUS GENACHOWSKI's controversial plan to regulate Internet service providers in a speech to the MEDIA INSTITUTE THURSDAY (6/3), calling GENACHOWSKI's proposal to regulate the ISPs under the common carrier rules of Title II only for Net neutrality purposes " a measured way in which to approach a difficult problem. It does not mark a return to traditional monopoly-era regulation. Rather, it addresses the curveball thrown our way by the Courts, and quite frankly recognizes that consumers have evolved in the way in which they engage their ISPs."
CLYBURN focused most of her analysis on the charge that Title II regulation is less predictable than the present regulation under Title I, argung that "I simply cannot see how Title I offers any greater predictability than Title II. Under the Chairman’s proposal, we have both a clean process and, at worst, a colorable and straightforward argument in the courts. The process would result in a reclassification of broadband connectivity to a telecommunications service -- with a strong side of forbearance -- and thus allows us to implement key features of our Broadband Plan ... Title I, on the other hand, strikes me as completely unpredictable. We are coming off of a resounding blow to Commission authority under Title I, and are left only with a hodgepodge of long-shot attempts to cobble together just enough authority to accomplish our goals ... It seems to me that the only predictability is that a large number of lawyers do not have to worry about their job security for some time to come."