Would FCC Plan Harm Telecom Investment? Even Industry Opinion Is Mixed : All Tech Considered The Federal Communications Commission will decide this month whether the Internet should be regulated as a public utility. In speeches, CEOs alternately have predicted a chilling effect or no impact.

Would FCC Plan Harm Telecom Investment? Even Industry Opinion Is Mixed

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Another big debate expected this week is over how to regulate the Internet. Yesterday, the chairman of the Federal Communications Commission announced that he'll try to overrule laws in two states restricting community-owned broadband networks. Later this week, he's expected to propose rules that would treat high-speed Internet access like a public utility. Big cable and phone companies are warning this would stifle investment and cost consumers more money. But as NPR's Joel Rose reports, the truth could be more complicated.

JOEL ROSE, BYLINE: The chair of the FCC is expected to propose exactly what President Obama asked for in November - reclassifying the Internet under regulations known in the parlance of telecom wonks as Title II.


PRESIDENT BARACK OBAMA: In plain English, I'm asking them to recognize that for most Americans, the Internet has become an essential part of everyday communication and everyday life.

ROSE: This is what many Internet companies and public interest groups have been pushing the president and the FCC to do for years. They say this kind of regulation is what the commission needs to stop broadband companies from charging extra to get information to consumers faster. But phone and cable companies warn that Title II would be a disaster. Here's AT&T CEO Randall Stephenson at an industry conference last November.


RANDALL STEPHENSON: These regulations that we're talking about are public-utility-style regulations, and this industry's moving fast. And if you can't bring new products to service at your speed, not the government's speed, why would you ever make these investments?

ROSE: Broadband industry executives have told the same story on Capitol Hill. But Fran Shammo, the chief financial officer of Verizon, seemed to go off script when he was asked about Title II at an investor conference in December.


FRAN SHAMMO: To be real clear, I mean, this does not influence the way we invest. I mean, we're going to continue to invest in our networks and our platforms. Nothing will influence that.

SUSAN CRAWFORD: When they're talking to Wall Street, they say different things than when they're talking to the press about what the FCC might like to do.

ROSE: Susan Crawford is co-director of the Berkman Center for Internet and Society at Harvard University.

CRAWFORD: They trot out these really simple and nonsensical platitudes, like regulation inevitably leads to lower investment. That's just not true.

ROSE: The phone and cable industries have also warned that Title II could lead to billions of dollars in new taxes on consumers' broadband bills, but open-Internet advocates say those claims are wrong. And they argue that Title II and robust investment can coexist. They point to the success of the wireless phone industry, which is regulated in part under Title II. Here's FCC chairman Tom Wheeler at the Consumer Electronics Show in Las Vegas last month.


TOM WHEELER: The wireless industry has been monumentally successful - hundreds of millions - billions of dollars of investment. So there is a way to do Title II right.

ROSE: In theory, reclassification would give the FCC broad powers, including the ability to cap the price your Internet provider can charge. Wheeler has hinted that the commission won't actually try to use that power, but the mere threat of price regulation is enough to scare Wall Street, says Paul Gallant, an industry analyst at Guggenheim Partners.

PAUL GALLANT: The uncertainty that Wall Street has, though, right now about Title II is a little bit overdone. I don't think there's any real prospect that the FCC will end up regulating prices. I just don't think it's a realistic fear.

ROSE: Still, Gallant says phone and cable companies might find it harder to borrow money under Title II. And that in turn could be a drag on investment in their networks. Michael Powell is a former chairman of the FCC who now heads the cable industry's trade group. Here he is testifying before Congress last month.


MICHAEL POWELL: I think all hyperbole aside, the issue isn't whether people will invest - of course they will; they have businesses to run. The real question is, will it be at a diminished and dampened level compared to the velocity and ambitions that the country has?

ROSE: What's not in dispute is that big phone and cable companies will almost certainly take the FCC to court if the commission moves toward Title II as anticipated. The FCC is expected to vote before the end of the month. Joel Rose, NPR News, New York.

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