courts

FOR SEVERAL years now, a debate has raged over the issue of “net neutrality,” pitting media reformers, digital libertarians, and “content” companies such as Amazon and Netflix against old-school telecommunication giants such as AT&T and Comcast, with the Federal Communications Commission serving as an erratic referee.

Sometime early this year, the U.S. Court of Appeals for the District of Columbia may settle the question when it decides the case of Verizon vs. the FCC. If the court decides in favor of Verizon, big telecom companies will have won the right to decide what digital content we can receive, especially when it comes to video and other bandwidth-intense media.

Simply put, the issue in the Verizon case is whether broadband internet will follow the “common carrier” precedent applied to telephone lines and the electricity grid or the model of cable TV. The common carrier principle guarantees equal access to necessary public utilities. Applied to the internet, this has meant that service providers simply supply the fiber-optic cable or wireless spectrum, give equal access to all content providers, and charge the final recipient of the data (you and me) a fee that covers the cost of maintaining an adequate network.

In the cable TV business model, the provider controls the network of fiber optic cable and the content that goes over it. The cable company decides which channels are included in the basic package, which (like HBO) are purchased separately, and which will be unavailable at any price. If you want Al Jazeera instead of Fox News, too bad—it’s a take it or leave it package.