The Net Neutrality Debate: Access to Broadband Networks

The announcement that Federal Communications Commission Chairman Pai offered a draft Notice of Proposed Rulemaking to reexamine the rules adopted in 2015, with an eye to considering a less regulatory approach, has once again opened up the debate over what the appropriate framework is to ensure an open Internet. Reaction to this draft proposal has been mixed. Some see the current FCC rules as regulatory overreach and welcome a more “light-touch” approach which they feel will stimulate broadband investment, deployment and innovation. Others fully support the current 2015 regulations and feel that their modification will result in a concentration of power to the detriment of content, services, and applications providers, as well as consumers, and refute the claim that these regulations have had a negative impact on broadband investment, expansion or innovation).

The FCC’s move to reexamine its existing open Internet rules has reopened the debate over whether Congress should consider a more comprehensive measure to amend existing law to provide greater regulatory stability and guidance to the FCC. Whether Congress will choose to address more comprehensive legislation, to amend the 1934 Communications Act, to provide a broad-based framework for such regulation, remains to be seen.