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. While FCC Chairwoman Jessica Rosenworcel has said that decision will not include price regulation, opponents fear the reclassification could open the door to back-door price controls to achieve universal access. The FCC is scheduled to vote on November 15, 2023 on rules implementing a section of the Infrastructure Investment and Jobs Act of 2021, rules that would create a framework for equal access to broadband service by preventing digital discrimination. It will almost certainly pass with a 3-2 Democratic majority.