FCC’s Democratic majority seeks to revive Obama-era net neutrality rules.
Net Neutrality Regulations Set to Make a Comeback
Get ready, because “net neutrality” regulations are making a comeback. With Anna Gomez joining the Federal Communications Commission as its fifth member, Chairwoman Jessica Rosenworcel now has a Democratic majority and wasted no time in announcing plans to reinstate regulations that were put in place during former President Barack Obama’s administration and later repealed under former President Donald Trump.
But this isn’t just a political move. President Joe Biden’s administration has made reviving net neutrality regulations a priority, with Biden himself signing an executive order in 2021 urging the FCC to take action. Supporters of these regulations argue that they would prevent internet service providers (ISPs) from favoring certain websites and “throttling” others.
The FCC’s plan involves reclassifying broadband services under Title II of the 1996 Telecommunications Act, which would give the commission more power over the networks that people rely on for work, commerce, learning, and entertainment. Currently, under Title I classification, the FCC has limited authority to regulate information service providers. Shifting to Title II would grant the FCC explicit rulemaking authority to prevent “unjust or unreasonable” practices by telecommunications providers, allowing for a more expansive role for regulators.
This back-and-forth on how the agency regulates telecommunications infrastructure is nothing new. During the Obama presidency, then-FCC Chairman Tom Wheeler implemented a more heavy-handed, utility-style approach, which garnered a lot of attention. Equally dramatic was the public’s reaction when net neutrality was repealed during the Trump administration under Chairman Ajit Pai. Late-night talk show comedians like Stephen Colbert and John Oliver even weighed in, warning about the consequences of rolling back these regulations.
While the dire predictions made after the repeal haven’t come true, Chairwoman Rosenworcel pointed to state net neutrality laws that she believes have prevented providers from blocking content, throttling data, or engaging in paid prioritization of data across networks. However, there have been isolated incidents of services being throttled during emergencies and access being canceled during the COVID-19 pandemic, despite assurances from providers that they wouldn’t cut off service for those unable to pay.
The proposed return of net neutrality has received praise from the American Civil Liberties Union, which believes that the FCC, as the expert agency tasked with regulating communications services, should have the ability to regulate broadband. Internet service providers, on the other hand, oppose the FCC’s attempt to reinstate net neutrality because it could lead to rate regulation and potentially require them to share their network infrastructure with competitors.
There are concerns that granting these powers to the FCC could discourage private investment in network improvement and expansion. This concern is amplified by another FCC proceeding related to the implementation of the 2021 Bipartisan Infrastructure Law, which allocated $65 billion in subsidies to close the “digital divide.” In its efforts to provide broadband to underserved areas, the agency has indicated a willingness to impose build-out requirements and regulate rates, among other measures that critics fear could stifle innovation.
However, the biggest challenge for the FCC may come from the Supreme Court. Former Obama administration lawyers argue that the conservative court would be unlikely to uphold Title II classification for broadband, citing the recent resurgence of the major questions doctrine. This legal principle holds that executive agencies cannot institute major economic or political policies without explicit direction from Congress. It gained prominence in the West Virginia v. Environmental Protection Agency case involving environmental regulations and could potentially hinder the FCC’s ability to implement net neutrality without congressional action.
The FCC will soon vote on whether to move forward with the plan and will be seeking public comments on the proposal until mid-December.
What are the arguments against net neutrality regulations, and how might they impact innovation and investment in network infrastructure
Pandemic, raising concerns about the need for federal regulations to ensure consistent and unbiased access to the internet.
Supporters of net neutrality argue that it is essential for preserving a level playing field on the internet. Without regulations in place, ISPs could potentially control what content users can access, favoring certain websites and services over others, based on their own financial interests. This could lead to a situation where larger corporations with more resources can pay ISPs to prioritize their content, while smaller players are left behind and struggle to reach their audience.
Furthermore, advocates assert that net neutrality is crucial for maintaining freedom of expression and preserving an open internet. By preventing ISPs from blocking or throttling certain content, individuals and organizations can freely share their ideas and opinions online without interference. This is particularly relevant in the current digital age, where the internet serves as a vital platform for communication, activism, and information exchange.
On the other hand, opponents of net neutrality regulations argue that they stifle innovation and discourage investment in network infrastructure. They claim that by imposing strict rules on ISPs, their ability to manage and improve their networks may be hindered. They argue that ISPs should have the freedom to prioritize certain types of data, such as critical services like telemedicine or emergency response, to ensure their efficient delivery.
The debate over net neutrality is far from settled, and the reinstating of these regulations by the FCC is likely to face legal challenges. The internet has become an essential part of our daily lives, and regulations governing its accessibility and fairness are of utmost importance. As the FCC moves forward with its plan to revive net neutrality regulations, it is crucial that it considers the perspectives of all stakeholders and works towards finding a balance that promotes competition, protects consumers, and ensures the free flow of information.
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