Network Neutrality

How is the FCC Working to Protect Broadband Consumers?

The Biden Administration has launched a new effort to lower costs and promote competition for US consumers. The Strike Force on Unfair and Illegal Pricing––co-chaired by the Department of Justice (DOJ) and the Federal Trade Commission (FTC)––aims to strengthen interagency efforts to root out and stop illegal corporate behavior that hikes prices on consumers through anti-competitive, unfair, deceptive, or fraudulent business practices.

Net Neutrality and the Future of State Broadband Regulation

Once Democrats finally secured a 3-2 majority in the Federal Communications Commission, the agency lost no time in approving a long-anticipated proposal to reintroduce net neutrality by reclassifying broadband providers as common carriers. While its commitment to reclassification seems unwavering, the agency has equivocated about the preemptive effect of agency action.

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Date: 
Thu, 02/08/2024 - 10:00 to 12:00

Net neutrality protections are essential to advancing digital equity. These rules ensure all internet users have access to content on an equal basis and prevent internet service providers (ISPs) from blocking, throttling, or engaging in paid prioritization of content. In November 2023, the Federal Communications Commission (FCC) proposed reinstating net neutrality protections, returning to rules originally adopted in 2015, by establishing broadband internet access service (BIAS) as a Title II telecommunications service.



The Federal Communications Commission’s Section 706 Problem

Section 706 of the Telecommunications Act of 1996 has played a recurring supplemental role in the Federal Communication Commission’s (FCC) efforts to reclassify Broadband Internet Access Services as a Title II common carrier telecommunications service under the auspices of Net Neutrality. Section 706 instructs the Commission to encourage the “reasonable and timely” deployment of broadband services to all Americans.

Netflix Urges Federal Communications Commission To Pass Open Internet Rules

Netflix argued that the future of streaming video will turn on whether the Federal Communications Commission (FCC) bans broadband providers from tampering with online traffic. “Today’s online entertainment marketplace is intensely competitive, which benefits consumers,” the streaming video company wrote in comments filed with the FCC.

Cable Internet Service Providers Look To Shape Expected Return of FCC’s Net Neutrality Rules

Likely seeing the re-regulatory handwriting on the wall, cable internet service providers have told the Federal Communications Commission (FCC) just how it should reclassify broadband as a Title II service and what it should and shouldn’t do when it reimposes new net neutrality rules, as it is expected to do after a suitable timespan following the public comment period on its reclassification proposal. NCTA – The Internet & Television Association, joined by over a half-dozen state associations, said if the FCC goes ahead with the plan, it should do the following:

Chairwoman Rosenworcel's Response to Sen Schmitt (R-MO) regarding the Safeguarding and Securing the Open Internet Proceeding

In November 2023, Senator Eric Schmitt (R-MO) wrote a letter to Federal Communications Commission (FCC) Chairwoman Jessica Rosenworcel expressing concerns about the open internet proceedings, and requesting that Chairwoman Rosenworcel 1) "identify the specific authority granted by Congress that provides a legal justification to support the Commission’s decision to move forward on net neutrality;" 2) confirm her belief "that reclassifying BIAS as a Title II common carrier service would be a regulation of 'vast economic and political significance;'" 3) "provide a specific legal rationale as t

California’s Digital Equity Bill of Rights

In October 2023, Governor Gavin Newsom (D-CA) signed the Digital Equity Bill of Rights. This is an interesting law that guarantees that Californians have the right to, among other things:

Free Press Calls on the FCC to Prioritize a Public-Interest Internet by Restoring Title II Oversight and Safeguarding Net Neutrality

Free Press explains that the Federal Communications Commission's Title II authority allows it to safeguard Net Neutrality and hold companies like AT&T, Comcast and Verizon accountable to internet users across the United States. Title II is not just a legal framework that protects Net Neutrality. The ability to access quality broadband service no matter where one may live, or no matter one’s racial or ethnic identity, still matters. The ability to subscribe to broadband at an affordable price still matters.

NTCA Comments on Net Neutrality Proposal

NTCA submits that overriding public interest goals can be accomplished with narrowly drawn measures that focus upon key potential points of failure in the transmission of content and data, regardless of where they reside in the ecosystem.

OTI Urges FCC to Restore Authority to Hold ISPs Accountable and Update Rules

The Open Technology Institute at New America (“OTI”) urged the Federal Communications Commission to restore its authority to hold ISPs accountable for anti-consumer policies and behavior by reclassifying broadband internet access services as a Title II telecommunications service and reestablishing net neutrality protections across the United States. OTI’s comments urge the FCC to update its rules to address additional issues like “zero rating” and paid interconnection agreements, and to improve ISPs’ transparency to consumers about their broadband services.

TPI Scholars Argue Classifying Broadband Providers Under Title II is Unnecessary and Potentially Harmful

In these comments we explain why Title II classification is unnecessary and potentially harmful.  Specifically, we make the following points: 

Federal Communications Commission’s Net Neutrality Docket Bulges With Initial Deadline Input

Already the Federal Communications Commission’s busiest docket, the effort to restore network neutrality rules saw a rush of new comments on December 14, the deadline for initial submissions by interested parties looking to affect the outcome of the proceeding. Replies to those comments are due January 17, 2024, after which the FCC can schedule a vote on a final rulemaking. A majority of FCC Commissioners support restoring the rules by reclassifying internet access as a Title II telecommunications service subject to FCC regulation as a common carrier.

Net Neutrality’s New Pennywise

For 20 years, proponents of so-called Title II net neutrality have argued the only way to ‘save the internet’ is to impose 1930s-era Ma Bell telephone regulations on today’s broadband networks.

Public Knowledge Urges FCC To Reinstate Broadband Authority, Bring Back Net Neutrality Protections

In comments filed at the Federal Communications Commission, Public Knowledge commended the FCC for acting to restore net neutrality as well as creating the proper authority allowing for commonsense consumer protections for broadband users.

Investment in the Virtuous Circle: Theory and Empirics

In the Telecommunications Act of 1996, Congress directed the Federal Communications Commission to reduce regulation. While the FCC initially made several bipartisan steps in that direction, over the last three presidential administrations the agency has switched between aggressive and relaxed regulation of broadband services on an explicitly partisan basis, including the imposition of legacy common carrier regulation on broadband services in the name of Net Neutrality.

Cable lobby to Federal Communications Commission: Please don’t look too closely at the prices we charge

The US broadband industry is protesting a Federal Communications Commission plan to measure the affordability of Internet service. The FCC has been evaluating US-wide broadband deployment progress on a near-annual basis for almost three decades but hasn't factored affordability into these regular reviews.

Chairwoman Rosenworcel's Response to Rep. Walberg Regarding the Safeguarding and Securing the Open Internet Proceeding

On October 6, 2023, Rep Tim Walberg (R-MI) wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel to express concerns that she "misled the public and [was] not truthful" in Congressional testimony and has proposed broadband rate regulation. In her November 14 reply to Rep Walberg, Chairwoman Rosenworcel said, "I have no interest in pursuing regulation of broadband rates." She included a paragraph from the net neutrality/Title II proposal which reads:

Big ISPs Hate the Federal Communications Commission’s Digital Discrimination Rules

The big ISPs certainly have their knickers in a knot over the adoption of digital discrimination rules by the Federal Communications Commission (FCC). The FCC was required to adopt some version of digital discrimination rules by language included in the Infrastructure Investment and Jobs Act (IIJA).

Net Neutrality: What It Means for Your Everyday Internet Access and Streaming Speeds

One of the longest-running debates about internet access has entered a new phase, and the way it unfolds could directly affect everything you do online. You might remember the net neutrality debate from a decade ago.

Network slicing and net neutrality

Whether network slicing complies with the net neutrality rules currently in force in Europe and previously applicable in the U.S. presents a key issue in the deployment of 5G. In many ways, both regimes frame the issues in a similar manner, with the exceptions for reasonable traffic management and specialised services likely to play the most important roles.

Restore net neutrality, crucial to democracy

The battle for network neutrality (aka the open internet) is back. It’s something that should have been instituted years ago. In fact, it actually was on the books—until then-President Donald Trump’s Federal Communications Commission Chairman, Ajit Pai, ditched the rules, largely at the behest of the big internet service providers like Verizon, AT&T and Comcast. Net neutrality rules were not only on the books, but were also court-approved. That should have been the end of the matter.

FCC Chairwoman Rosenworcel Responds to Members of Congress Regarding FCC Safeguarding and Securing the Open Internet Proceeding

On October 17, 2023, Republican Members of the House Commerce Committee wrote to Federal Communications Commission Chairwoman Jessica Rosenworcel expressing their disappointment and opposition to the FCC opening a proceeding to reclassify fixed and mobile broadband as a telecommunications service under Title II of the Communications Act of 1934. On October 31, Chairwoman Rosenworcel replied saying "Everyone, everywhere in this country needs access to broadband to have a fair shot at 21st century success...

Internet Providers Face Federal Communications Commission’s Dual Regulatory Campaign

The Biden administration is fighting a two-front war in its campaign to re-regulate internet service providers (ISPs), fronts that opponents fear could include price regulation as ammunition. The Federal Communications Commission's Democratic majority voted on October 19, 2023 to propose reclassifying internet access as a Title II telecommunications service subject to some common-carrier regulations and to restore net neutrality rules.