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A Third Way on Net Neutrality

Robert D. Atkinson and Philip J. Weiser make a cogent argument counseling a compromise in the increasingly strident net neutrality debate. The gist of their proposal is:

1. Require broadband providers to “state clearly to what extent content and services enjoy preferential delivery opportunities and any limitations on the ability of consumers to access the content and services of their choice.”

2. Take an anti-trust like appoach to regulation. “Congress should charge the FCC with the responsibility of overseeing the use of discriminatory access arrangements to make sure that any such arrangements do not harm competition (and consumers).”

3. Create financial incentives with strings attached “to companies investing in broadband networks (allowing first-year expensing of broadband investments and exempting broadband services from federal, state, and local taxation), but only if broadband providers provide a best-efforts, open Internet data pipe to their customers with average speeds at least as fast as the evolving FCC definition.”

It seems to me like a much more nuanced approach that balances supporting investments in next genration broadband without allowing anti-competitive discriminatory behavior. It also enforces the clear statement of policies that would allow the market to decide what policies are appropriate.

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