Pai Knocks Net Neutrality, Broadband Privacy Guidance

has created tremendous uncertainty and is already resulting in broadband providers cutting back on investments," he said in his written remarks prepared for delivery Wednesday at the International Institute of Communications Telecommunications and Media Forum in Miami. Pai said FCC policy for years removed barriers to investment, helping spur broadband deployment and innovation. "Unfortunately, the U.S. government is now putting our success at risk," he said. "First and foremost is the FCC’s recent net neutrality decision -- a decision to apply last century’s public-utility laws to today’s broadband providers, a decision to regulate everything from the last mile of the network to interconnection near the Internet’s core." Pai said the FCC order, which adopted net neutrality rules and reclassified broadband under Title II of the Communications Act, complicated the business case for deployment. He said the regulations "give the FCC power to micromanage virtually every aspect of how broadband providers offer service and manage their networks." That injected uncertainty into the market, Pai said. "Take the so-called 'Internet conduct standard' as an example. It gives the FCC power to review businesses models and prohibit pricing plans that benefit consumers," he said. "Everything from zero rating to usage-based pricing might be on the chopping block. And 'might' is the key. The vaguely worded standard gives the FCC a lot of discretion." Pai also questioned the utility of recent Enforcement Bureau guidance on broadband privacy, which he said was vague. "What exactly do broadband providers have to do to comply with the law? I'm an FCC Commissioner and a lawyer, and I have no idea. You're guess is as good as mine. This 'guidance' casts far more shade than sunlight."