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WASHINGTON -- Today, Free Press released a new issue brief that sets the record straight on the Federal Communications Commission’s move to modernize its broadband policy framework. The report, The Truth About the Third Way: Separating Fact from Fiction in the FCC Reclassification Debate, dispels misinformation being spread by the telecom industry and its sympathizers in Congress in the debate over the agency’s broadband oversight authority. The report examines myths about reclassifying broadband services regarding issues such as investment, regulation and the role of Congress.

“We cannot allow America’s broadband future to be sabotaged by the misinformation being spread by an industry that opposes even the most minimal government oversight and consumer protections,” said S. Derek Turner, Free Press research director. “This is a pivotal moment in Internet policymaking, and lawmakers must be able to separate fact from fiction. Contrary to what some telco executives would have you believe, this action is absolutely necessary for achieving America’s broadband goals of universal, affordable, world-class broadband access.”

Read The Truth About the Third Way: Separating Fact from Fiction in the FCC Reclassification Debate

The debate over the classification of broadband transmission – consumers’ connection to the Internet via companies like AT&T – began after the FCC’s authority over broadband was revoked in a court case brought by Comcast, the nation’s largest broadband provider. In order to establish the solid legal footing needed to carry out broadband policymaking, including the National Broadband Plan, the FCC is proposing a “Third Way” approach to its oversight of broadband services by reclassifying broadband transmission as a “telecommunications service” under the Communications Act.

The agency will open a proceeding on this proposal at its monthly open meeting next week on June 17.

Some of the key myths debunked in the report include:

Fiction: The FCC’s “Third Way” proposal is a distraction from implementing the National Broadband Plan to bring Internet access to all Americans.

Fact: The FCC’s ability to carry out key elements of its National Broadband Plan depends on the agency re-establishing its light-touch authority over broadband networks. Otherwise, these policies, such as promoting rural broadband adoption, strengthening public safety networks and connecting low-income Americans, could be reversed in the courts over the next few years.

Fiction: Placing broadband services under the authority of the FCC would stifle investment in broadband networks.

Fact: The Commission’s proposed move would merely preserve the status quo. In fact, numerous top telco executives have told investors that they do not intend to change their investment strategy for their networks because of the FCC’s plan in any way.

Fiction: The FCC’s move would lead to job losses in the telecom sector.

Fact: Even as revenues have increased, the telecom sector’s job-loss trend has accelerated. In fact, industry statements have indicated that job cuts will continue – but with no mention of FCC action as the culprit.

Fiction: Only Congress can act to restore the FCC’s authority over broadband networks.

Fact: The Communications Act – the foundation of telecom law – gives the FCC the flexibility to determine how it protects consumers. Furthermore, in 2005, a landmark Supreme Court case made clear that the FCC has the power to designate broadband Internet access services as either a telecommunications or information service.

“We welcome a lively debate about the best way for the FCC to move forward with implementing the National Broadband Plan,” said Aparna Sridhar, Free Press policy counsel and author of the report. “But we must move the discussion away from deliberate misdirection and obfuscation. Dialogue should be grounded in communications law and accurate facts about both the FCC’s proposal and the technological and market realities of today’s broadband world.”

Read the full issue brief here: www.freepress.net/files/The_Truth_About_the_Third_Way.pdf

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