OPPOSING VIEW ON 'NET NEUTRALITY': UNNECESSARY INTERVENTION BY SENATOR KAY BAILEY HUTCHISON.

WASHINGTON -- The following information was released by Texas Senator Kay Bailey Hutchison:

Published in the USA Today

January 4, 2011

Over the past 20 years, the Internet has grown and flourished without burdensome federal regulations, becoming an integral part of American society. Internet-related innovation, strengthened by the free market, has spurred the development of new businesses, fueled job creation and has become a major part of Americans' day-to-day lives.

This could soon change because of new regulations issued on a 3-2 vote by the Democratic members of the Federal Communications Commission (FCC). This unelected group of government regulators has given itself broad new authority to intervene in the area of Internet development and accessibility.

With their action, the FCC establishes itself as a turnstile through which companies seeking to offer new services must pass. The message the FCC has sent with this action is unmistakable: Innovate at your own risk because the FCC can impose sanctions. So, how would an innovator avoid sanctions? By seeking prior approval. The delay and loss of proprietary protection will surely slow down new product development.

While on its face "net neutrality" sounds like a laudable goal, as with most government regulations, the devil is in the details. For instance, if a provider notices that a small number of users are routinely sharing large files that lead to major congestion on the network, it should have the right to relieve the congestion for the overwhelming majority of its users. Under the FCC's new regulations, government regulators may determine the provider's action is "unreasonable" and impose fines. This diminishes providers' flexibility in managing their own networks and creates uncertainty about permissible management activities.

The FCC's argument for these rules is to ensure that Internet customers are not blocked by service providers from viewing or sending content of their choice. But this is already the reality of today's open Internet. Broadband providers currently support consumers accessing the content of their choice and using myriad of devices and applications they desire. We must preserve the openness of the Internet without an unnecessary government intervention.

A recent Rasmussen Poll found that 54% of American voters polled object to this regulation; only 21% approve. The strongest objections came from those who use the Internet. Case closed.

Sen. Kay Bailey Hutchison, R-Texas, is the ranking Republican on the Commerce, Science and Transportation Committee.