November 27, 2012, 4:23 PM — Lawmakers should downsize the U.S. Federal Communications Commission by taking away its power to review mergers in the telecom industry and most of its power to pass regulations before evidence of a problem, two telecom experts said Tuesday.
It doesn't make sense for the FCC to maintain monopoly-inspired regulations on telecom-based broadband carriers when there's healthy competition from mobile broadband, satellite broadband and other providers, said Robert Litan, director of research at Bloomberg Government and co-author of an upcoming book on broadband policy.
The FCC should focus largely on encouraging competition in the areas of the country that have one broadband provider instead of enforcing old regulations and creating new ones based on a model of telecommunications that no longer exists in the U.S., argued Litan and co-author Hal Singer, managing director and principal of Navigant Economics, during a discussion at the Brookings Institute.
"We believe that public policy should be focused primarily on removing the remaining regulatory barriers that prevent, or that discourage, other broadband providers" from expanding their service, Litan said.
New 4G LTE services far surpass the 4Mbps download speeds defined by the FCC as broadband speed, but the FCC still regulates fixed broadband as if that competition doesn't exist, Litan said. The FCC should focus on eliminating regulations for mobile broadband providers in an effort to prompt them to expand their networks, he said.
The FCC should repeal its net neutrality rules as well as carrier-of-last-resort rules for telecom carriers, Singer said. Under old regulations, traditional telecom carriers are required to maintain their legacy telecom networks as well as new Internet Protocol networks, and repealing regulations would allow them to retire their copper networks in favor of fiber, he said.
Instead of the FCC's current rulemaking procedures, the agency should move to passing rules only after the evidence of a problem in the broadband market, Litan and Singer recommended. The FCC or lawmakers should end the agency's antitrust merger reviews, leaving that function to the U.S. Department of Justice, and take away the agency's ability to set conditions on spectrum auctions, they said.
Under its existing rulemaking procedures, the FCC and its staff have been prone to allow so-called rent seeking, in which regulated companies seek competitive advantages through agency rules, Singer said.