FCC Got Net Neutrality Right in 2015, Clyburn Says on 'The Communicators'

If legislators take action on net neutrality, they should recognize the FCC should be in charge of enforcement rather than the FTC, said Commissioner Mignon Clyburn in an appearance on C-SPAN’s The Communicators, set to be telecast Saturday. The FCC is capable of quick action on open Internet issues, but the necessary showings to trigger FTC intervention would make relying on that agency cumbersome, she said. “People want action,” Clyburn said. Any legislative solution should have “strong legal footing,” encourage infrastructure investment, and allow for consumer protection “in real time,” Clyburn said. If net neutrality legislation can accomplish all of that without relying on Title II of the Communications Act, she’s willing to consider it, though she said the FCC “got it right” in 2015. Without Title II authority, there could be issues with legal challenges to Connect America Fund policies, Clyburn said. Such challenges could damage the USF, a “deeply unsettling” prospect, she said. Consumers need net neutrality protections because ISPs now offer bundles of services that could incentivize anti-consumer actions, Clyburn said. Companies changing their statements about whether they consider concepts like paid prioritization acceptable is evidence there's a need for strong net neutrality regulation, she said. Proposals by the FCC majority on 5G don’t sufficiently account for the needs of local communities, Clyburn said. She said some jurisdictions might have restrictive siting rules or high rents for carriers, but bad actors are a small portion of the overall landscape. The FCC shouldn’t “regulate on the fringes,” she said. Treating small cells differently “makes all the sense in the world,” but the FCC should work “collaboratively,” she said. Clyburn also took the FCC majority to task over inmate calling, where she said FCC policies are hurting families: “The FCC has not done it’s job.”