This is the Cato Daily Podcast for Tuesday, May 16th, 2017.

I'm Caleb Brown.

What makes a competitive broadband market?

Is it the regulatory model that governs utilities or the model that presided over the explosion of the internet over the last two decades?

Baron Zoka of Tech Freedom argues it's clearly the latter.

We spoke about the FCC's upcoming vote on net neutrality.

Where does this fight over net neutrality? I say so-called net neutrality because what some people

argue is net neutrality

isn't necessarily so.

Where does that fight stand now?

And if you wouldn't mind, draw that distinction that you make fairly regularly,

which is between net neutrality and so-called title two regulation.

So we're once again fighting at the FCC about so-called net neutrality which is to say

really the FCC's legal authority.

So the NPRM, the notice of proposed rulemaking, is now out and the FCC is taking comments in July

and August and they're asking what they should do next and most people

in the media have portrayed this as a fight over net neutrality in fact it is

really a fight over two things does the FCC have any legal authority and the answer is no and we already know that the two Republicans who run the Commission now

Think so and they're going to undo those claims illegal authority which is going to turn this issue back over to where it belongs.

The Federal Trade Commission and State Attorneys General and the Department of Justice to enforce

laws of general applicability, antitrust laws, consumer protection laws, and so on.

And then Congress could pass a law.

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