THE FCC’S NEW POWER TO ADJUDICATE INTERCONNECTION DISPUTES: “JUST AND REASONABLE” SHOULD MEAN “BILL-AND-KEEP”
Effective policy initiatives solve problems and do not create more of them. On February 4, 2015, Thomas Wheeler, Chairman of the Federal Communications Commission (FCC), released his proposed rules regarding the Open Internet and Net Neutrality in an op-ed published in Wired Magazine. A fact sheet released by the FCC on the same day accompanied this op-ed (Fact Sheet). This Fact Sheet noted that the FCC, for the first time, will have the power to adjudicate interconnection disputes between internet service providers (ISPs) and “edge providers” (e.g., content providers) if such ISPs are not acting in a “just and reasonable” manner.