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What’s in a Title?


One of the challenges of putting out nearly daily content is to find a title for all of the various pieces. Ideally titles should be clever and also provide the reader with some idea of what’s to come.

The Federal Communications Commission (FCC) seems to have a similar challenge—how to “Title” various things, which is why you should be concerned about the recent talk of moving Internet oversight from Title I to Title II.

One might be forgiven for thinking this is just inside-the-Beltway meddling and jamming the iPod earplugs back in. But in fact it is just that freedom to stream music, play a massive multiplayer game, watch video, send messages, and enjoy the future bounty of innovation that could very well be at stake. One could say that the “open Internet” as we know it is at risk.

Communications systems of various sorts get placed under either Title I or Title II of the Communications Act of 1934. This placement decision allows the FCC to handle different communications systems differently. Historically, the Internet, and broadband generally, is an “information service,” and has been placed under Title I, where government regulation is “light touch” and largely leaves decisions to consumers and service providers. These areas of communication have exploded, bringing investment, opportunity, innovation, better services and better products to consumers.

By contrast Title II, which rules the day with heavy government intervention and is typified by the regular old phone service that has been around for over a hundred years. This area of communications has lacked investment and innovation, and has had little to no service enhancement, much less product improvement. Consumers are stripped of the power to control their communications present and future.

And yet, some want the FCC to control the Internet by placing it under Title II, ending the open and free Internet by erecting government tariffs, rules, recordkeeping and reporting. These groups actually want government to seize control of the Internet because they believe that Washington, DC, can do a better job crafting an Internet experience than consumers.

So what’s in a Title? Your freedom.