Senators Quiz Genachowski on Net Neutrality

In moving forward on net neutrality, Genachowski said, the FCC should observe “certain basic principles.” These include recognizing the realities of the market and of fast- paced technological innovation and guarding “against rules that could burden future innovators.” The commission should ensure that network policies are “fair and neutral across companies and industries,” and provide the “kind of predictability and certain that consumers and businesses of all sizes need.” No interest “has a monopoly on the best ideas,” he said.

Genachowski said he views reasonable network management as an “appropriate and necessary concept that gives broadband service providers the ability to manage their networks.” The definition will evolve over time and as demands on networks increase, he said. The commission must ensure that network operators can take reasonable steps to manage networks, including measures to deal with spam, denial of service attacks, illegal content and other harmful activities.

Asked whether he would support a change in the commission’s regulatory classification of broadband as information services and not common carrier, Genachowski said he hasn’t been “closely involved in the many important and interlocking decisions the FCC” has made in classifying services. But he said there’s “significant value in regulatory predictability and continuity.”

Universal service policy also gave rise to several questions from senators. Genachowski said he is “not yet steeped enough” in details of the program to know how to address issues such as the rising contribution factor, but vowed to create solutions through “open, fair, transparent, and data-driven policies.” He said the program is vital. “I believe the FCC has a duty to tackle these issues and should pay early and careful attention to them.” In response to a senator’s question about the high error rates for payments for the rural health care and schools and libraries funds, Genachowski said he would “seek to review” the programs as the commission revamps the whole system.

Sen. Chuck Grassley, R-Iowa, asked Genachowski whether he would support any short-term changes in the universal service program to help rural carriers qualify for high-cost support. Genachowski said the commission is confronted with both long-term and short-term issues as the country moves to broadband. The commission should work with carriers in rural areas to ensure deployment of advanced services, Genachowski said.

Genachowski said he doesn’t support bringing back the fairness doctrine. “Government should not be in the business of censoring speech or content on the basis of political views or opinions,” Genachowski said in response to a question from Sen. John Thune, R-S.D.

Sen. Jim DeMint, R-S.C., who voted against Genachowski in the Commerce Committee, questioned the need for government-mandated community advisory boards “to tell us what local citizens want to watch and listen to.” Noting that the FCC has a proceeding on localism and community advisory boards, Genachowski said he hasn’t “prejudged” matters in the proposed rulemaking. But he said it’s essential that the matters be handled in a way consistent with the First Amendment, the Communications Act’s ban on censoring broadcasters and the “decades of case law at the FCC” that the commission won’t “improperly interfere with the programming decisions of licensees.”

Advisory boards seem “unnecessary and even ripe for abuse,” DeMint said, asking Genachowski what review process he would put in place to guard against such boards from being “dominated by members of ideological groups.” Genachowski said that if he’s confirmed he will work with DeMint to deal with his criticisms. DeMint pressed for a commitment that Genachowski would oppose efforts to use advisory boards for partisan political purposes. Genachowski said he looks forward to “being responsive to these and all concerns.”