Title II Debate Redux

If you were following debates over Federal Communications Commission policy relating to the Internet back in 2006, you might remember that we were debating whether the Internet, and broadband access, should continue to be regulated as other data services are, under Title I, or as common carrier services, under Title II.

The economic, financial and policy stakes are no less important this time around, as we might be setting up for yet another lengthy battle over how best to regulate broadband access. Lots has changed since 2006. Broadband access by fixed line networks has become a legacy service. Mobile broadband is about to explode. Application innovation arguably is more robust than it was in 2006, and almost all of the innovation has something to do with mobility, not the fixed line Internet.

Congress could "remedy" the situation by passing new laws directly the FCC to take regulatory control of broadband access services. A majority of Americans might regard almost any such congressional moves with derision, given the general contempt that institution now inspires in the overwhelming majority of Americans who are polled about their impressions of Congress.