Net Neutrality Lite? The FCC May Reduce, Not Repeal, Open Internet Order

Many in the media are already writing the epitaph for net neutrality in the Trump era. And it’s true that with every new press release and statement out of the Federal Communications Commission (and they’re coming fast and furious) it’s become pretty clear that new chairman Ajit Pai is aligning the agency with Donald Trump’s business-friendly and less consumer-friendly agenda. But six weeks into the new administration, it seems less and less likely that Chairman Pai has it in mind to completely kill the network neutrality principles.

Apparently, Chairman Pai is more likely to scale back the effects of the order, rather than pushing the commission to withdraw it or asking Congress to pass legislation that overrides it, two commission insiders who insisted on anonymity told Fast Company. Chairman Pai may “soften” the order by allowing broadband carriers some kinds of web traffic prioritization or throttling under clearly defined conditions, one source said. For example, if a broadband customer is paying for 100 megabit-per-second broadband service, the provider might be allowed to prioritize some kinds of bandwidth-sensitive traffic (like video) in order to meet the speed promise. There are other ways to “lighten” Wheeler’s order. Regulatory agencies like the FCC can write new rules, and they can decide how vigorously to enforce existing ones. The FCC under Chairman Pai might do a little of both.