Jon Brodkin

The impending repeal of net neutrality rules is being used by Charter Communications to fight a lawsuit that alleges the company made false promises of fast Internet service. New York Attorney General Eric Schneiderman in February filed the lawsuit against Charter and its Time Warner Cable subsidiary.

An examination of how Comcast's net neutrality promises have changed over time reveals an interesting tidbit—Comcast deleted a "no paid prioritization" pledge from its net neutrality webpage on the very same day that the Federal Communications Commission announced its initial plan to repeal net neutrality rules.  Starting in 2014, the webpage, corporate.comcast.com/openinternet/open-net-neutrality, contained this statement: "Comcast doesn't prioritize Internet traffic or create paid fast lanes." That statement remained on the page until April 26 of this year, according to page captures from

The most obvious reason that network neutrality violations have been rare since Comcast's throttling of BitTorrent is that the Federal Communications Commission has enforced net neutrality rules since 2010 (aside from a year-long interlude without rules caused by a Verizon lawsuit). But to FCC Chairman Ajit Pai, this just proves that the rules aren't necessary. "Because of the paucity of concrete evidence of harms to the openness of the Internet, the [2015 net neutrality] Order and its proponents have heavily relied on purely speculative threats," Pai's proposal says.

For years, Comcast has been promising that it won't violate the principles of network neutrality, regardless of whether the government imposes any net neutrality rules. That meant that Comcast wouldn't block or throttle lawful Internet traffic and that it wouldn't create fast lanes in order to collect tolls from Web companies that want priority access over the Comcast network.

AT&T and Comcast have convinced a federal judge to nullify an ordinance that was designed to bring more broadband competition to Nashville, Tennessee. In 2016, the Nashville Metro Council passed a "One Touch Make Ready" rule that gives Google Fiber or other new ISPs faster access to utility poles. The ordinance lets a single company make all of the necessary wire adjustments on utility poles itself, instead of having to wait for incumbent providers like AT&T and Comcast to send work crews to move their own wires.

Net neutrality rules are popular with Americans who use the Internet. It was thus no surprise to see a huge backlash to Federal Communications Commission Chairman Ajit Pai's plan to eliminate the rules. While most of the 22 million public comments on the plan were spam and form letters, a study funded by the broadband industry found that 98.5 percent of unique comments supported the current rules. Net neutrality supporters organized an "Internet-wide Day of Action to Save Net Neutrality" in July and plan more protests in the coming days as a final vote draws near.

In addition to ditching its own network neutrality rules, the Federal Communications Commission also plans to tell state and local governments that they cannot impose local laws regulating broadband service. This detail was revealed by senior FCC officials in a phone briefing with reporters, and is a victory for broadband providers that asked for widespread preemption of state laws. FCC Chairman Ajit Pai's proposed order finds that state and local laws must be preempted if they conflict with the US government's policy of deregulating broadband Internet service, FCC officials said.

Mobile industry lobby group CTIA urged the Federal Communications Commission to preempt state laws on privacy and network neutrality in a recent meeting and filing. Comcast and Verizon had already asked the FCC to preempt such laws; CTIA represents AT&T, Verizon, T-Mobile USA, Sprint, and other mobile companies. Carriers are urging the FCC to preempt states in the same regulatory proceeding that FCC Chairman Ajit Pai started in order to overturn the commission's net neutrality rules.

The Federal Communications Commission will vote Nov 16 on a plan that, according to Chairman Ajit Pai, will strip away regulations that prevent telcos from upgrading their networks. But in doing so, the Republican-controlled FCC plans to eliminate a requirement that telcos provide Americans with service at least as good as the old copper networks that provide phone service and DSL Internet. The requirement relates to phone service but has an impact on broadband because the two services use the same networks.

The Federal Communications Commission is intervening in a court case in order to help Charter Communications avoid utility-style consumer protections related to its phone service in Minnesota. The FCC and Charter both want to avoid a precedent that could lead other states to impose stricter consumer protection rules on VoIP (Voice over Internet Protocol) phone service offered by cable companies. The FCC has never definitively settled the regulatory status of VoIP.