A Co-Regulatory Approach to Reasonable Network Management

The author proposes that the FCC support the creation of an independent body under its supervision, composed of all stakeholders in the debate over “network neutrality” and “reasonable network management” to set and enforce norms and rules (co-regulation) related to traffic and content management issues. This proposal is grounded in the FCC’s authority under Section 201(b) of the Communications Act. This proposal is positioned as a middle-ground between no regulation and excessive regulation, to avert a bandwidth “tragedy of the commons.”