Will Common Carrier Regulation Lead to De Fato Price Regulation?

The Federal Communications Commission says it has no interest in applying price controls to broadband access services. But even if formal rules are not imposed, some executives believe de facto price controls are the logical consequence of any move to regulate broadband access as a common carrier service.

At a minimum, any such rules are likely to immediately slow investment in broadband facilities for years.

The last time the Federal Communications Commission altered fundamental rules in the common carrier area,  AT&T cut annual capital spending by more than half, from $12 billion to $5 billion dollars a year. That cut lasted for four years, until the courts threw out the FCC's mandatory wholesale rules, which created pricing rules service providers found highly damaging, says Dennis Kneale, CNBC media and technology editor.

This time around, the rules might affect a wider range of industry suppliers, including cable and wireless providers, with potentially much-greater damages.

The last time the FCC tried such a major incursion, in the mid-1990s, Stephenson, then the company’s chief financial officer, cut annual capital spending by more than half, from $12 billion to $5 billion dollars a year. That cut lasted for four years, until the courts threw out the FCC mandatory wholesale rules.

Some telecom execs say the FCC’s agenda is downright radical and could thwart high hopes for the wireless Internet, arguably key to the future of the entire U.S. communications industry.

The agency assault could restack the pecking order of winners and losers and reshape their stock prices, affecting the portfolios of millions of retirees and investors as well, says Kneale.

The immediate matter at hand is a prohibition on any type of packet prioritization. But at least some telecom execs also fear this would lead to de facto price controls, primarily because inability to prioritze packets would jeopardize the effort to create enhanced and new services that provide quality of service mechanisms of the sort businesses routinely use.

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