Is “Net Neutrality” An Idea Whose Time Has Passed?

This week’s decision by  a federal appeals court that said that the Federal Communications Commission (FCC) has no power to regulate how large internet service providers manage networks has got me rethinking my opinion about net neutrality.

Net neutrality is the concept that says all traffic should move across the internet at the same speed and that those who actually own the networks (the large telcom companies in most cases)  should not be able to favor one sort of traffic over another .  The internet service providers in this case (AT&T and Comcast) argued that they should be able to slow down the movement of large files when network speed was impeded.  The court agreed with them, essentially telling the FCC that it had no power to regulate the internet.

Now,  I’m no fan of large telecom companies (particularly AT&T) but I have to admit that their argument resonates with me.  Those who argued (unsuccessfully) that the federal government should exercise control over data movement are ignoring a long standing precedent related to one of the most highly regulated infrastructures in the country.

I’m talking about highways.

I used to own a fleet of trucks and once a year I dutifully wrote a really big check to register my vehicles with the state dept. of transportation.  The cost of registering each vehicle was based on its weight, the theory being “the bigger the truck the more wear and tear there is to highways and bridges”.  I paid another tax every time I bought fuel-larger trucks burned more diesel fuel and thus paid more of a tax called “highway use”.

The FCC’s argument seemed to say that the telecoms should not be able to do something that federal and state government had been doing for decades.

It would seem that this argument deserves consideration in the net neutrality discussion.  The government does not actually own the internet infrastructure, but the argument still is relevant.  Those who make the most of the internet-transferring the largest files and the most data-would be charged the most.

The owners of the internet infrastructure don’t want to regulate what is actually being transmitted.  What they really want to be able to do is charge more to those who use their infrastructure the most.

It’s an argument worth considering.

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