Next Thursday will be a big day for telecommunications policy in the United States. The FCC is scheduled to vote on whether it will reclassify broadband Internet service as a common-carrier utility (Title II) instead of its current destination as an information service (Title I). Classifying broadband as a utility would allow the FCC to enforce regulations aimed at prohibiting discriminatory and preferential treatment of Internet traffic. In short, under Title II, the FCC could institute and enforce net neutrality rules for an open Internet.
Because these rules threaten the status quo of telecommunications companies, particularly the MVPD (“cable companies”) that dominate the broadband market in the United States, there is an offensive designed to turn public opinion against net neutrality.
One unexpected place for this anti–net neutrality discourse came from the FCC itself. Earlier today, the FCC posted a press release on its website titled “What People Are Saying About President’s Plan to Regulate The Internet.” The document is a selection of quotes that oppose net neutrality, characterizing it as a regulatory burden on the innovative broadband industry.
According to some veteran communication lawyers who monitor the FCC, it is unprecedented for the FCC to release a preemptive, partisan position, such as this one, especially since this is a collage of quotes rather than an actual announcement. Press releases are intended to give news agencies content to reproduce or adapt for their publications. By releasing a series of quotes without any background, this release could serve as the basis for anti–net neutrality news articles, in the coming days, on the eve this potentially historic vote. This is especially troubling since, under the banner of the FCC, it sounds like a quasi official endorsement of these positions. Moreover, the title of the release includes references to “people,” giving the position a folksy, common-sense tone, and to the “president’s plan to regulate the Internet,” which not only sounds like a top-down executive decision but also a push to impose burdensome regulations on “our Internet.”
If this language–of President Obama threatening free-enterprise with regulation–sounds like a tired-old Republican talking point, that’s because opposing net neutrality is a tired old Republican position.
The FCC has five commissioners, each is appointed by the president. In order to ensure some political balance, no more than three commissioners can be from the president’s political party. The source of the press release referenced above is Brendan Carr, a staffer for Commissioner Ajit Pai. Commissioner Pai is one of the two FCC Republican-party commissioners and a net-neutrality opponent.
Another one of Commissioner Pai’s staffers, Matthew Berry, has been active on Twitter promoting Pai’s appearances on conservative talk shows decrying net neutrality and also childishly referring to FCC Chairman Tom Wheeler as a lapdog. for following the call of President Obama—and nearly four million comments from the public—to reclassify the Internet as a utility.
Let's not slander lapdogs. I have two pugs and they can be quite obstinate. I doubt that they'd follow President Obama's commands.
— Matthew Berry (@matthewberryfcc) February 17, 2015
Even former chairman Robert McDowell (yes, another Republican) has chimed in comparing Obama’s push for net neutrality to the actions of Saudi and Russian dictators. Throughout his seven-year tenure at the FCC, he dogmatically opposed communications policies like net neutrality, universal access, and reviving the Fairness Doctrine. It’s nice to see he has been keeping busy since stepping down from the Commission in 2013.
It’s been over a decade since I’ve last lived with a dog—a small Tibetan Spaniel named Capella—but I think I know what a corporate lapdog looks like.
Update: The press release now indicates that it was issued from the office of Commissioner Ajit Pai.