The Media Institute's comments re: Broadband Industry Practices, arguing that the FCC continue to encourage openness and innovation in broadband services without resorting to regulation, since enforced net neutrality is a solution that would harm, rather than help consumers.

Regulating Internet providers for the purpose of enforcing “net neutrality” is a bad idea. The Commission in its Policy Statement enunciated a set of four consumer benefits, which it elevated to the stature of “rights.” The Commission now contemplates whether it should undertake some type of regulatory scheme to protect and enforce these “rights” of its own creation. This appears to be little more than a circular exercise designed to expand regulatory clout. Moreover, as the Commission itself acknowledges, there is no demonstrated need for any regulation. No instances have been reported of consumers suffering directly or indirectly from the discriminatory practices of Internet providers – neither practices aimed directly at consumers, nor practices of access providers aimed at providers of services and content. Nor has the Commission found any evidence of such behavior in the merger applications it has reviewed. Net neutrality is a solution in search of a problem.