Network Neutrality

Carriers Look to Offer Fast-Lane Access on 5G Networks

Network carriers are exploring nascent technology that would allow them to better and more quickly deliver certain apps and services on their network—but this technology, known as network slicing, could potentially run afoul of net-neutrality regulations. In the current model, all data traffic from phones is typically funneled through the same network. Carriers are able to prioritize the voice calls that they handle on that network, but they rarely have visibility into what else users are doing through other apps.

The Best of Times or the Worst of Times: Which Will It Be?

Charles Dickens opened A Tale of Two Cities writing that “It was the best of times, it was worst of times”. Therein may lie some helpful context for understanding where our country finds itself today. I don’t propose to cover the entire issues waterfront in this brief piece, but will instead focus on a few of the things I see dragging our country and our government down today. For the purposes of this essay, I will include telecommunications and media, Congress, and the courts. To start off on the positive, there’s some really good news at the Federal Communications Commission (FCC).

Senator Schmitt Demands Answers from FCC Chairwoman Regarding her Attempt to Reinstate Net Neutrality Rules

Senator Eric Schmitt (R-MO) sent a letter to Federal Communications Commission Chairwoman Jessica Rosenworcel to demand answers regarding the FCC’s partisan Notice of Proposed Rulemaking (NPRM) to reinstate failed Title II net neutrality rules. “As a member of the U.S.

FCC’s Net Neutrality Docket Heats Up — Again

Fans of Title II-based network neutrality rules are once again flooding the Federal Communications Commission’s net neutrality comment docket with identical calls for restoration of the rules, as the Democrat-controlled agency has proposed. The docket already has almost 20,000 comments and, as such, is the commission’s most active proceeding, far outstripping the second-place docket for rules on international communications and spectrum issues, which has less than 3,000.

Don’t be fooled: Net neutrality is about more than just blocking and throttling

On October 19, the Federal Communications Commission (FCC) voted 3-2 to issue a Notice of Proposed Rulemaking (NPRM) to reinstate the agency’s 2015 decision that brought internet service providers (ISPs) under the agency’s jurisdiction as Telecommunications Carriers. This action is necessary because the Trump FCC repealed the previous rule in 2018 at the request of the ISPs.

Let Us Not Raise a Ruckus Over Net Neutrality

The commissioners sitting on the Federal Communications Commission should issue a joint statement reminding the public that “the comment process is not a vote.” To my mind, inviting commenters to make some noise and raise a ruckus is not the proper way to encourage public participation most conducive to creating a rulemaking record consistent with the agency’s supposed expertise. To the extent that making noise and raising a ruckus is understood as gearing up the mass comment machines, the notion is devalued that the FCC will be applying its expertise in deciding complex issues—say, what co

Finally, some rules for the internet

Net neutrality has become the Washington equivalent of a Hollywood franchise: As if the sequel to the sequel weren’t enough, another installment of the debate over rules for the internet’s roads arrived this month. This time, however, there’s a plot twist. What, exactly, net neutrality rules look like matters less than that there are meaningful rules for broadband more generally.

Ofcom revises its guidance on how ‘net neutrality’ rules should apply in the UK

The United Kingdom's current net neutrality rules are set out in legislation. Any changes to the rules in future would be a matter for Government and Parliament. Ofcom is responsible for monitoring and ensuring compliance with the rules and providing guidance on how ISPs should follow them. In 2021 Ofcom started a review of net neutrality. The review has found that, in general, it has worked well and supported consumer choice as well as enabling content providers to deliver their content and services to consumers.

Is Broadband Essential?

There is an easy way to simplify the upcoming battle between the Federal Communications Commission and big internet service providers (ISPs) over Title II regulation and net neutrality. The public expects the government to regulate industries that are essential. That’s the reason we regulate electric companies and drinking water quality. It’s the reason we regulate meat and drug safety.

FCC Seeks Comment on Petitions Seeking Reconsideration Of The Restoring Internet Freedom Remand Order

The Federal Communications Commission's Wireline Competition Bureau seeks comment on petitions for reconsideration of the Restoring Internet Freedom (RIF) Remand Order filed by Common Cause, INCOMPAS, Public Knowledge, and the County of Santa Clara. The petitioners request that the FCC reconsider its decision in the RIF Remand Order, reverse or vacate that Order, and initiate a rulemaking proceeding to address the concerns raised by the DC Court of Appeals pertaining to the 2018 RIF Order. In addition to the issues raised in the petitions, the FCC invites comment on how the issues under con

Network Neutrality Redux and the Return of Falsehoods and Disinformation

Despite vowing to eschew involvement in the latest Network Neutrality drama, I cannot sit back and let stand the resumption of the distorted gospel preached by the anti-network neutrality crowd.  This group has legitimate criticisms, many of which I have tried, via hundreds of law review pages—to analyze, and even endorse, in specific instances. Network neutrality regulation will not create a suffocating Internet rate regulation regime. The Democratic majority has clearly exempted broadband internet access from Title II common rate regulation.

Reactions to FCC's Net Neutrality Proceeding

Federal Communications Commission Chairwoman Jessica Rosenworcel stated, "Today, there is no expert agency ensuring that the internet is fast, open, and fair. And for everyone, everywhere to enjoy the full benefits of the internet age, internet access needs to be more than just accessible and affordable. The internet needs to be open."

Former FCC Chairman Wheeler wants to steal Big Tech’s moves

In his new book “Techlash: Who Makes The Rules In The Digital Age?”, former Federal Communications Commission Chairman Tom Wheeler says regulators have failed to rein in Big Tech because they’re using outdated tools. Call it something like “regulatory futurism”—Wheeler is saying now is the time for the government to get innovative by setting up new agencies with wide-reaching powers to determine what is and isn’t in the public’s best interest when it comes to tech.

NCTA Chief Michael Powell Kicks Off Cable’s Latest Rhetorical Assault on Net Neutrality: The FCC Is Trying to Solve a ‘Fabricated’ Problem

NCTA: The Internet & Cable Association President and CEO Michael Powell used an opening session at his industry’s annual tech trade show to launch a full-throated, very libertarian-leaning counter-offensive to the Federal Communications Commission's plan to reinstate net neutrality rules.

FCC to Start Proceeding on Reestablishing Open Internet Protections

The Federal Communications Commission launched a new proceeding on restoring open internet protections for consumers and businesses. The FCC also will seek comment on proposals to ensure broadband services have effective oversight. If the proposals are adopted after the public comment period and review of that record, the FCC would once again be permitted to protect internet openness and competition, protect broadband networks from national security threats, and address public safety needs like internet outages.

Ten Facts About Net Neutrality Protections

  1. Broadband is essential: A lot has changed since the previous Federal Communications Commission repealed net neutrality. A devastating pandemic reaffirmed the essential nature of broadband access to protect the health and economic security of all Americans.
  2. Abdicated oversight: The 2017 FCC approach was not “light touch.” It was a complete abdication of authority.
  3. Targeted approach: Chairwoman Rosenworcel’s approach is targeted, not heavy-handed.

Commissioner Carr: The Title II Debate Was Settled When The Internet Didn't Break

The Federal Communications Commission will begin implementing President Biden’s plan for increasing government control of the Internet. There will be lots of talk about “net neutrality” and virtually none about the core issue before the agency: namely, whether the FCC should claim for itself the freewheeling power to micromanage nearly every aspect of how the Internet functions—from the services that consumers can access to the prices that can be charged. The entire debate over whether Title II regulations are necessary or justified was settled years ago.

Biden’s FCC Revives the Longest-Running Policy Fight in Tech

The Federal Communications Commission is heading into the next round of Washington’s longest-running fight over technology policy. On Oct. 19 the agency is slated to take a preliminary vote to reassert its authority to regulate broadband providers, clearing the way to pass a version of the net neutrality rules that it eviscerated during the Trump administration.

What Is Net Neutrality? Myths and Realities

Federal Communications Commission Chairwoman Jessica Rosenworcel announced her plan to restore the agency’s rightful authority to protect internet users. To undermine this effort, the industry has cranked up its Title II myth machine.

Supreme Court To Hear Case That Could Weaken FCC

The Supreme Court has agreed to hear a case in early 2024 that could impact how much regulatory discretion the FCC has over the communications industry. The court agreed to hear the case of Relentless Inc., et al. v. Dept. of Commerce, et al. The case is about a federal rule requiring fishing companies to pay for government monitoring of their herring catches.

Benton Institute, Public Knowledge, et al. urge FCC action on open internet petitions

The Benton Institute for Broadband & Society, Public Knowledge, Free Press, the United Church of Christ, OC, Inc. Leadership Conference, USC Gould School of Law and Office of the County Counsel, and the County of Santa Clara spoke with Federal Communications Commission General Counsel staff on Oct. 5, 2023, regarding net neutrality.

FCC Commissioner Carr Releases a Fact Sheet on "President Biden's Internet Plan"

Federal Communications Commissioner Brendan Carr released a fact sheet discussing the reclassification of broadband as a Title II telecommunications service. "Following President Biden’s call for the FCC to apply utility-style controls to the Internet under Title II of the Communications Act of 1934, the Federal Communications Commission announced it will begin implementing that plan at its October 19 Open Commission Meeting," said the memo.

How Net Neutrality Protects Consumers & Speech

A fact sheet on how net neutrality protects consumers and online freedom of speech. Open internet protections have long had widespread – upwards of 80 percent – support from the American people who have come to expect that they will be able to access all lawful content on the internet uninhibited by their broadband service provider’s business decisions. Across administrations from 2005 to 2018, it was the clear policy of the FCC to enforce open internet standards.

Reclassifying Broadband Under Title II Will Not Increase Competition

On September 26 at the National Press Club, Federal Communications Commission Chairwoman Jessica Rosenworcel laid out her arguments for reclassification. Among them was a claim that the lack of broadband competition makes Title II necessary. One can make coherent and serious arguments supporting Title II and net neutrality. But Title II because of the state of competition? No. The Chairwoman is right that areas actually served by only one provider and likely to continue to be served by only one provider really do require more oversight than areas with more competition.