If you're reading this post, there is a good chance that you're aware of the battle over "Net Neutrality" in 2006. That showdown in the Congress over the future of the Internet pitted telephone and cable companies against a strange-bedfellows coalition of consumer groups, political activists, technology companies, and millions of everyday people. This grassroots effort ended in a draw - which in these political times is a big win for the little guy.
That victory should inspire us to think big. The legislative fight in 2006 was really the beginning of a paradigm-shifting moment in U.S. media policy. As all media technologies (text, audio, video) rapidly converge onto an Internet platform, the legal framework we've used (which is largely based around different technologies) is no longer functional. The impending demise of the old model has triggered major changes as each industry jockeys for the most advantageous position in the new regulatory universe. The Net Neutrality debate brought the public into this arcane but incredibly important process for the first time.
But Net Neutrality is not an end in itself. It is a beginning. It is the fundamental principle that underlies open networks like the Internet. It must be the cornerstone of any future communications policy that serves the goals of free speech and free markets. But it is not, by itself, a solution to our policy problems. Net neutrality cannot, by itself, close the digital divide and bring high-speed, low-cost broadband to all Americans. For that, we need a genuine national broadband policy....
The vision for our national broadband policy should be bold and comprehensive. The problems in the marketplace will not be solved by tweaking around the edges. We need to reject the conventional political wisdom and embrace policy ideas that will put our broadband future back on track. Now is not the time to make artificial declarations that some ideas are off the table and narrowly focus on particular proposals. No one policy idea is the silver bullet. It will require many different initiatives aimed at different levels of the broadband market to accomplish our goals.
Here is a short list of ideas for discussion. Each would require a lengthy treatment to explain properly, but I hope these will trigger thoughtful comments and useful insights.
Blueprint for a National Broadband Policy
Allocate the public airwaves to create a viable wireless broadband competitor to DSL and cable. We should approach policy opportunities like the auction of 700 MHz spectrum with this goal as the make-or-break litmus test.
Expand unlicensed public spectrum. The greatest success of recent broadband policies is Wi-Fi, which uses unlicensed spectrum. We should expand the availability of unlicensed spectrum into lower frequencies by opening up the unassigned television channels (also known as "white spaces") for wireless broadband.
Reform and transition the federal universal service programs to broadband. We should move our valuable USF programs into the 21st century with targeted subsidies and accountability benchmarks to support broadband deployment.
Guarantee reasonable and nondiscriminatory interconnection between facilities-based providers. Since the Internet is nothing more than a global network of interconnected private and public networks, it is imperative that each interconnects with one another to maximize the efficiency and utility of the overall network.
Reintroduce "intramodal" competition into the broadband market. Though recent FCC decisions have moved away from this model of competition policy, intramodal competition (with many providers competing on a single platform) through open access to network infrastructure has been the hallmark of international broadband successes. We should embrace open access plans in the licensing of the 700 MHz band and establish policies to bring competition back in the wireline space.
Explore financial incentives to expand broadband capacity in the last mile. Successful policies overseas have included direct government investment in wiring public facilities, low-interest loans for public and private broadband projects, tax incentives for networking equipment, accelerated depreciation, debt guarantees and other targeted investments in our digital future.
Authorize and protect the right of local governments to provide broadband services. Municipalities have led the charge in recent years to fill gaps in the broadband market and build services that exceed those offered by commercial incumbents.
Collect data and map the broadband market on an ongoing basis. We cannot solve problems that we do not understand. Our current state of broadband data collection is unacceptable. The FCC should be instructed to collect more accurate information on service availability as well as price and speed data on all broadband connections.
Make Net Neutrality the cornerstone of broadband policy. We should protect an open market for speech and commerce on the Internet for consumers, citizens and businesses alike. To do this, we should apply nondiscrimination safeguards to the broadband ramps leading onto the Internet, prohibiting owners of the physical layer of the network from being gatekeepers to the applications layer of the network.
Apply Carterfone rules to the wireless broadband platform. We should recognize and remedy the contradictions in fostering an open market for wireless broadband on a platform emerging from the closed networks of cellular telephony. The walled garden of the PCS world should not be permitted to cripple the potential of mobile wireless broadband. All devices, applications and services that do not harm the network should be allowed to use it.
Pair broadband expansion with digital inclusion programs. Bringing broadband to underserved areas will do no good if local communities lack the computers and training necessary to access the network. We should design and support social programs to bring technology and skills to communities and work with local leaders to establish meaningful connections.
Facilitate ongoing research into network traffic and data management. The dearth of reliable information about what is happening on the Internet cripples our efforts to address some of the most pressing problems in the application layer: spam, cyber-security, privacy and traffic management. Policymakers should seek to make available the tools researchers need to provide the best available answers to these problems.
What's clear is that the status quo is unacceptable. If we watch and wait, trusting that today's artificially constrained marketplace will magically solve our broadband problems, we will see the United States slip farther behind the rest of the world and widen the digital divide-both domestically and internationally. The consequences are too severe to continue down this narrow path.
It's time to think big. It's time to break out of the current paradigm and create a new one. It's time for the people to take hold of Internet policy, just as they have the Internet, and make it their own.
