Marguerite Reardon

One thing Democrats and Republicans do agree on: The digital divide undercutting rural America needs to be fixed. But figuring out the details of achieving this goal is where the two sides diverge. Federal Communications Commission Chairman Ajit Pai and FCC Commissioner Jessica Rosenworcel agreed what's really needed to bring broadband to every American is a national vision on the scale of what the US government did when it brought electricity to rural America in the 1930s.

In spite of the billions of dollars in private investment and government subsidies over multiple decades, the numbers still paint a disturbing picture. Roughly 39 percent of rural Americans lack access to high-speed broadband, compared with just 4 percent of urban Americans. The internet that rural Americans can access is slower and more expensive than it is for their urban counterparts. And to add insult to injury, the rural population generally earns less than those in urban areas.  Building networks in rural America is incredibly expensive, and in some places it's nearly impossible.

During his second day of Senate confirmation hearings, Judge Brett Kavanaugh defended his dissent in a federal court decision that upheld the Federal Communications Commission's 2015 net neutrality rules. Pressed by Sen Amy Klobuchar (D-MN) why he disagreed with the rest of his colleagues on the US Court of Appeals for the DC Circuit that the Federal Communications Commission was within its authority to create the rules, Judge Kavanaugh said he was simply following legal precedent and wasn't looking to strip the agency of its power.

The Federal Communications Commission has already repealed net neutrality, but the Trump administration can't leave it there. It also wants the Supreme Court to remove a ruling that upheld the controversial Obama-era rules. Is this a big deal? It depends on who you ask. While the request is somewhat unusual, not many cases upholding government regulation are followed by a repeal of that regulation, some legal experts say remanding the decision is just a bit of legal housecleaning. But net neutrality supporters disagree.

Network neutrality may be dead, but questions remain about how seriously the Federal Communications Commission considered comments from the public. "To put it simply, there is evidence in the FCC's files that fraud has occurred and the FCC is telling law enforcement and victims of identity theft that it is not going to help," FCC Commissioner Jessica Rosenworcel said in Dec. "Failure to investigate this corrupted record undermines our process for seeking public input in the digital age."

Historians may look back on this week as a turning point in the evolution of the internet. First came the end of net neutrality rules which ensured that broadband and wireless providers couldn't act as gatekeepers picking and choosing who succeeds on the internet and who doesn't. Then a federal judge decided to allow AT&T, one of the largest broadband and wireless providers in the country, and Time Warner, a major media company, to merge without any conditions.

Mark Zuckerberg appeared on Capitol Hill to talk about data privacy. But several lawmakers from rural parts of the country used the opportunity to ask the Facebook CEO to help bring high-speed internet access to their rural constituents. Facebook has rolled out several initiatives to bring low-cost and free broadband to hard to reach areas of the world, such as India and Africa. Now US lawmakers say they'd like to talk to Zuckerberg about focusing those efforts closer to home.

Is AT&T carving out lanes on the internet and offering the speediest service to the highest bidder, while leaving all other internet traffic relegated to "slow lanes"? Not exactly. AT&T hasn't introduced a new service that explicitly prioritizes one type of traffic over another. But that doesn't mean that it isn't offering other services that might run afoul of the strict network neutrality restrictions that are set to expire soon. 

President Donald Trump's $200 billion infrastructure proposal released Feb 12 includes $50 billion in funding for rural communities, but nothing specific for broadband deployment. Even though President Trump has talked about the importance of expanding broadband in rural areas, he has not committed any funding to help build networks. Instead, his efforts have been aimed at eliminating red tape and regulation to get infrastructure built.  

On Jan 15, Democrats announced all 49 of their senators, and one Republican will vote on a bill that uses the Congressional Review Act to reinstate the regulation. What are the chances that Democrats will succeed? It seems unlikely. While it's true that Democrats only need one more Republican to side with them in the Senate to get to 51 votes, they still need a majority in the House of Representatives, where Republicans have a far greater margin -- 238 Republicans to 193 Democrats.