The Net Neutrality Debate is Outdated: Time for a New Wider View

Abstract In 2008, former FCC Commissioner McDowell warned that Net Neutrality regulatory rulings could change every two to four years with election results His prediction was prescient. The democrat-led Wheeler Commission used technical definitions of telecommunication and information services to place all carriers under light touch Title II common carrier regulations. The succeeding republican-led Pai Commission rescinded the Wheeler Commission’s Order. The problem with both orders is that telecommunications and information services as separate categories are losing relevance in the online economy. A new approach to Net Neutrality policy is introduced that recognizes the emergence of large platforms and Internet service providers (ISPs) competing against each other. The recommendation is to break regulatory silos and develop a holistic oversight of the online ecosystem that examines in an integrated way anticompetitive behavior associated with communication, information, and services.