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CONTACT: Amy Smorodin
October 22, 2009
(202) 289-8928
Esbin Statement on Net Neutrality NPRM

WASHINGTON D.C. - Today, the Federal Communications Commission's adopted a notice of proposed rulemaking to codify its Internet policy statement.  The following statement can be attributed to Barbara Esbin, Senior Fellow at The Progress & Freedom Foundation:

There is much to commend about the net neutrality rulemaking announced today, including the initiation of an open and transparent process for soliciting public input, an innovative technical advisory outreach effort, and publishing the text of the rules proposed for comment in advance of their adoption.  I remain concerned, however, that the FCC is poised to take intrusive action into a well-functioning Internet ecosystem without either the demonstrated need or clear legal authority to do so.  I know of no empirical evidence suggesting that the openness of the Internet that we all value is under threat today, or is likely to be under threat tomorrow.  In the absence of evidence of market failure or demonstrable consumer harms, the costs of government intervention are more likely to outweigh the benefits.  I am confident that the data-driven process the FCC has created for its net neutrality rulemaking will bear this out, and if so, I hope that the FCC will have the magnanimity to decline to adopt any of the proposed rules that are not supported by the factual and legal record.

The Progress & Freedom Foundation is a market-oriented think tank that studies the digital revolution and its implications for public policy. It is a 501(c)(3) research & educational organization.



The Progress & Freedom Foundation