A Sensible Next Step on Network Neutrality: The Market Power Question

Abstract

Two years ago, disagreement on network neutrality stalled momentum to reform the aging Communications Act. Significantly, both sides of the debate have become hardened, in part because of differing views on the market power of Internet access providers and their ability to foreclose competition. However, neither the FCC nor other government authorities have taken a position on the matter, even in the FCC’s recent network neutrality adjudication. This essay proposes a way forward, by immediately adopting "truth-in-advertising" and "no-blocking" rules and by beginning a comprehensive, rigorous inquiry into the state of the broadband market – starting with the market power question.