What Is All This Talk About 'Forbearance?'

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[Commentary] The time has come to discuss forbearance. The debate over Network Neutrality has increasingly focused on the Federal Communications Commission’s forbearance powers. This is because the central debate over the Commission’s proposed NN rules is over “reclassification.” Currently, the FCC governs broadband service under Title I of the Communications Act, which gives the FCC relatively few regulatory powers. Many tech companies and public interest advocates want the FCC to invoke the stronger regulatory scheme available under Title II of the Communications Act. Several elements of Title II, the framework long used for traditional telephone-type services, would not be needed and, indeed, could be very counterproductive if applied to broadband. In such situations, the Telecommunications Act of 1996 gives the FCC the power to waive enforcement of certain aspects of Title II (i.e., “forbear”). Hence, the debate about forbearance.


What Is All This Talk About 'Forbearance?'