The FCC passed it’s long-awaited Net Neutrality rules (promise by President Obama during his campaigning) and reaction has been mixed. Mostly they’ve been negative, but they’ve been negative in opposite directions, with the rabidly pro Net Neutrality advocates slamming it for being not tough enough, and the people on the opposite side saying it’s going to run ISPs out of business.
The complaint of the EFF-types is largely that wireless broadband carriers are exempt from the Unreasonable Discrimination clause, which states that:
A person engaged in the provision of fixed broadband Internet access service, insofar as such person is so engaged, shall not unreasonably discriminate in transmitting lawful network traffic over a consumer’s broadband Internet access service. Reasonable network management shall not constitute unreasonable discrimination.
What this means is that Comcast cannot charge you for watching Netflix streaming, even though it competes with their Hulu service, or accept payments from Yahoo to make Google searches really slow. Wireless carriers, however, can do this if they choose.
I’m quite alright with this. The government has long regulated natural monopolies, and it’s a system that, while not perfect, works pretty well. Wired broadband is functionally a natural monopoly, or perhaps more accurately a natural duopoly since both telephone and cable lines have been repurposed to provide broadband data.
Wireless broadband, like wireless phone service, is far from a natural monopoly. There are four major carriers in the U.S., and scores of regionals and MVNOs, all competing on margins. There are also data only wireless services like Clearwire and Aircell and a few satellite providers. Prices have been steadily decreasing (though services have increased). I now pay less for boundless minutes, unlimited text and 4g data than I paid for far fewer minutes, pre-3g data, and 100 SMSes a month a few years back on the same carrier. I used to suffer from overage fees regularly, now with the free mobile to mobile, earlier nights and weekends, and unlimited SMSing I don’t even come within 500 minutes of my cap.
Wireless broadband doesn’t need to be regulated because the market will take care of it. As long as the government doesn’t allow any further M&A in the space, which I don’t think they will, we can let the free market act. If Verizon starts slowing down Google searches, I’ll switch to Sprint, who I’m fairly certain never will. The first rule of the FCC’s regulation, transparency, does not exempt wireless carriers from being forced to disclose this sort of behavior and that’s enough.
What I think we’ll see, instead, is usage caps. The networks are strained not by average people, but by those (unfortunately myself included) who use the internet as a replacement for everything. Those of us who get our TV shows and movies streamed from Netflix or downloaded via BitTorrent, purchase (or obtain by other means) our music online, etc. are going to have to pay extra for the privilege. But thanks to the Net Neutrality regulations we won’t have a situation in which ISPs exert undue influence on whether you shop at Amazon or Buy.com, or search via Google or Yahoo.