Critics of US broadband want one of two things: "open access" rules that would create greater ISP competition of the kind that actually existed in the early 2000s or, barring that, net neutrality rules to keep ISPs from abusing their market power. But according to FCC Commissioner Robert McDowell, we don't need either policy—white space devices make both approaches unnecessary.

At today's monthly FCC meeting, the five commissioners voted unanimously to approve final rules governing unlicensed broadband using empty TV channel—"WiFi on steroids" as Google's Larry Page once called it. The vote was a love-fest. What a terrific idea! What a terrific chairman! What an example of bipartisan consensus!

But McDowell also used his speech on the issue to take a sly shot at Chairman Julius Genachowski, a (one-time?) proponent of tough net neutrality rules. The white space vote shows that "neither open access nor net neutrality rules need be mandated by the government, he said, before looking over at Genachowski with a grin. The chairman can therefore take net neutrality "off his plate."

It was funny—McDowell being the only commissioner who can actually tell a joke—but he's quite serious. In McDowell's view, opening up the empty TV channels is a way to promote ISP competition while still keeping the government away from intruding into private business decisions.

White space devices will provide a "competitive alternative to existing broadband providers," he argued, and noted that the unlicensed nature of the newly free spectrum should lead to faster real-world deployments than a spectrum auction.