That's the smart starting point, as is Clyburn's argument that the January decision by the US Court of Appeals for the DC Circuit to reject the commission's previous approach to net neutrality not as a crisis but as opening to get things right. "Unlike many," explains Clyburn, "I actually see this remand as a unique opportunity for us to take a fresh look and evaluate our policy in light of the many developments that have occurred over the last four years."
Clyburn and Commissioner Rosenworcel have offered indications that they are not happy with Wheeler's approach. Rosenworcel said Thursday, "I believe the process that got us to this rulemaking today is flawed. I would have preferred a delay. I think we moved too fast to be fair."
She did not get her delay. But she can now assure flawed process does not lead to a flawed decision to undermine net neutrality.
There is no space for compromise on that point.
The notion that a debate about net neutrality might find some digital common ground where some pay-for-prioity "fast lanes" would be allowed is rooted in a misunderstanding of how net neutrality works. Any final plan that allows for Internet "fast lanes" and "slow lanes" does not alter net neutrality; it ends net neutrality.
What is needed is a clear commitment to reclassification, rooted in recognition that "a free and open Internet is fundamental to the core values of our democratic society." If the three Democratic appointees to the commission -- Clyburn, Rosenworcel and Wheeler -- make that commitment, they can move quickly and responsibly to maintain net neutrality.
Reclassification is not complicated. But it is necessary.
Minnesota Senator Al Franken explains the calculus well.
"To my mind, you have to say that internet is telecommunications. That's all you have to do. That's the response to [court rulings that require a better plan from the FCC]," says Franken. "So you say, it's telecommunications, and then the FCC has the power to enforce Net Neutrality and continue to try to solve network management problems and we continue to have the kind of innovation that we've had, that has made the Internet what it is."
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