Regulatory classification

ISPs Drop Challenge to California Net Neutrality Law

Lobbying groups representing broadband internet access service providers—including ACA Connects, NCTA, CTIA and USTelecom—dropped their challenge of a federal district court's ruling upholding California's net neutrality law. The ISPs had already lost a federal district court challenge to the law and two appeals court efforts to block enforcement. The suit was dismissed without prejudice, which means ISPs could refile it if they chose.

US appeals court will not reconsider California net neutrality ruling

The 9th US Circuit Court of Appeals will not reconsider its decision in January to uphold California's net neutrality law. California's 2018 law barred internet service providers from blocking or throttling traffic, or offering paid fast lanes, but it only took effect in 2021.

Net Neutrality from the Ground Up

In the long-running net neutrality debate, a key assumption has been that broadband and broadband Internet access service are “jurisdictionally interstate.” But are they really? And what does that mean? In practice, the interstate assumption has meant that important decisions about broadband law and policy are made almost exclusively by the federal government. The “who decides” question took on new immediacy in 2017, when the Federal Communications Commission gutted federal net neutrality rules, and then attempted to preempt the states from adopting their own.

Another potential casualty of Ukraine war: global tech standards

Global standards ensure that things like smartphones and laptops — and even the internet itself — work across borders. "Standard bodies are essential to ensure interoperability which is critical to achieving 'economies of scale' and technology reach the masses," wireless consultant Chetan Sharma told Axios.  "Geopolitical tensions have a real prospect of splintering the Internet and the wireless industry and the emergence of completely decoupled supply chains and ecosystems around the world," Sharma said.

US vs Russia for the future of the internet

US officials are stepping up a campaign to defeat a Russian candidate for a United Nations agency that could determine how much control governments have over the internet. Russia's designs on the little-known agency raise the stakes for what the Russian government's vision of the internet could mean for the rest of the world, especially following its

Public Knowledge Urges FCC To Preserve Consumer Protections for VoIP Services

Public Knowledge filed a Petition for Declaratory Ruling urging the Federal Communications Commission to declare Voice over Internet Protocol as a Title II “common carrier” telecommunications service. Communications Workers of America, Center for Rural Strategies, National Association of State Utility Consumer Advocates, Next Century Cities, The Public Utility Law Project of New York, and The Utility Reform Network joined the filing.

Benton Applauds California's Net Neutrality Court Victory

This is the right decision. It will ensure that the people of California will continue to have unfettered internet access, blocks internet providers from discriminating against websites for financial or political gain, and reduces the chance that their customers will be ripped off.

California's net neutrality law upheld

The 9th Circuit Court of Appeals upheld California’s net neutrality law, rejecting an attempt by telecommunications industry groups to prevent the state from enforcing it. The court upheld a previous ruling, which means the status quo stays and the state can continue to enforce the law. This means California can continue its ban on internet providers slowing down or blocking access to websites and applications that don’t pay for premium service. California's net neutrality law was signed by former Gov Jerry Brown (D-CA) in 2018.

FCC Chairwoman Rosenworcel Responds to Members of Congress Regarding Net Neutrality

Federal Communications Commission Chairwoman Jessica Rosenworcel responded to House Republicans' letter regarding state and federal net neutrality laws. The GOP letter—dated April 16, 2021 and led by Reps Cathy McMorris Rodgers (R-WA) and Bob Latta (R-OH) as well as 24 others—addressed the Justice Department's withdrawal of its 2018 lawsuit against California for passing its own net neutrality regulations and Rosenworcel's support of the decision.

What Was Said at the Nominations Hearing?

The Senate Commerce Committee held a hearing to consider the nominations of Jessica Rosenworcel, to continue as a commissioner of the Federal Communications Commission (Rosenworcel also serves as chair of the FCC), and Alvaro Bedoya, to be a commissioner of the Federal Trade Commission. 

High-speed internet is as essential as water and electricity

The Infrastructure Investment and Jobs Act signed into law by President Joe Biden on November 15, 2021, was hailed by the White House and advocates as a historic investment to improve internet access in America. As a researcher who studies internet policy and digital inequality, I believe the infrastructure plan should be celebrated as a historic moment for broadband, but not so much because of the money it brings to the table. Rather, it is because of the way the law treats internet access in America.

The FCC Proposes A Wi-Fi Tax — For Real This Time

In October 2021, the Federal Communications Commission officially

ISP investment before, during and after Title II's restoration and repeal

Free Press compiled a fact sheet on internet service provider (ISP) investments before, during and after the restoration and then repeal of broadband internet's classification as a telecommunications service under Title II of the Communications Act during the tenure of former Federal Communications Commission Chairman Ajit Pai. Here are the highlights:

A Media Censor for the FCC?

President Biden’s effort to supercharge the regulatory state is steadily advancing. The latest example is his nomination of progressive partisan Gigi Sohn to the Federal Communications Commission. She favors deploying the agency’s regulatory power to shackle broadband providers and silence conservative voices. Sohn founded Public Knowledge that has long sought more government control of the internet and media.

House Commerce Committee Democrats Announce Legislation to Reform Section 230

House Energy and Commerce Committee Representatives introduced new legislation to reform Section 230 of the Communications Decency Act, which shields websites and online platforms from being held liable for third-party content. Senior Member Anna Eshoo (D-CA), Chairman Frank Pallone (D-NJ), Communications and Technology Subcommittee Chairman Mike Doyle (D-PA), and Consumer Protection and Commerce Subcommittee Chair Jan Schakowsky (D-IL) announced the bill.

Section 230: How it shields Facebook and why Congress wants changes

Frances Haugen, a former Facebook product manager, sat before a Senate subcommittee for more than three hours and described how the social media giant has prioritized its profits over public good. In her testimony, Haugen called on Congress to regulate Facebook and require more transparency from the company on its practices.

Appeals Court Weighs California Net Neutrality Law

California's net neutrality law could pave the way for conflicting broadband regulations in all 50 states, a lawyer for the cable industry argued to a three-judge panel of the 9th Circuit Court of Appeals. “The question before this court is whether interstate broadband service will continue to be governed by a single, national set of rules, or instead will for the first time face a patchwork of conflicting state regulation,” attorney Scott Angstreich, who represents broadband lobbying groups, told the appellate judges.

Google files to dismiss Ohio lawsuit to declare search engine a public utility

Google is seeking to dismiss a lawsuit brought by the Ohio attorney general seeking to declare the company's search service a public utility. Ohio Attorney General Dave Yost (R-OH) filed the lawsuit in June, arguing Google has used its dominance to prioritize its own products in a way that “intentionally disadvantages competitors.” Google’s lawyers argue in a court motion that the company does not meet the state’s requirements to be considered a common carrier. “Ohio’s Complaint mistakenly assumes Google Search is a common carrier or public utility because Ohioans choose to use Google Searc

No, Facebook and Google Are Not Public Utilities

Should Google get front-facing internet platforms should be regulated as common carriers or public utilities has been kicking around for a while. Ohio Attorney General Dave Yost filed a l

Chairwoman Rosenworcel says net neutrality rules should be the law of the land

Acting Federal Communications Commission Chairwoman Jessica Rosenworcel would not comment on the degree to which the president's failure to name a third Democratic commissioner has prevented it from taking action on some big issues — like restoring network neutrality rules — but she suggested the agency has been hard at work on other things and was still supportive of making net neutrality rules the law of the land.

So FCC, About that Competition Order

Federal Communications Commission Acting Chair Jessica Rosenworcel expressed general support for the items in President Biden’s big competition executive order, but as the commission still lacks a Democratic majority, she declined to say when the agency might act on it. Biden’s requests for the FCC include reinstating net neutrality rules, helping ensure apartment dwellers have a choice of internet providers and imposing broadband pricing transparency — all ideas she endorsed.

Biden's call to restore net neutrality: What you should know

President Joe Biden wants net neutrality regulations back on the books. In his executive order on competition, Biden urged the Federal Communications Commission to restore Obama-era net neutrality rules and to take other measures to promote broadband competition, including asking the FCC to require broadband companies to provide transparency on pricing. Net neutrality supporters applauded the executive order and calls for the FCC to restore net neutrality protections.

The Future Is in Symmetrical, High-Speed Internet Speeds

Congress is about to make critical decisions about the future of internet access and speed in the United States. It has a potentially once-in-a-lifetime amount of funding to spend on broadband infrastructure, and at the heart of this debate is the minimum speed requirement for taxpayer-funded internet. It’s easy to get overwhelmed by the granularity of this debate, but ultimately it boils down to this: cable companies want a definition that requires them to do and give less, one that will not meet our needs in the future.

The broadband gap's dirty secret: Redlining still exists in digital form

The decades of US redlining represent a form of systematic racism that has denied generations of Black communities the kind of opportunities many other Americans enjoy, and the fear is it's happening again with broadband internet service. Big providers, when deciding where to invest the money to upgrade their networks, often focus on wealthier parts of cities and shun low-income communities. Fiber connections are expensive, and internet service providers are hesitant to expand unless they expect a return on their investment.