OTI Urges FCC to Restore Authority to Hold ISPs Accountable and Update Rules

The Open Technology Institute at New America (“OTI”) urged the Federal Communications Commission to restore its authority to hold ISPs accountable for anti-consumer policies and behavior by reclassifying broadband internet access services as a Title II telecommunications service and reestablishing net neutrality protections across the United States. OTI’s comments urge the FCC to update its rules to address additional issues like “zero rating” and paid interconnection agreements, and to improve ISPs’ transparency to consumers about their broadband services. Americans deserve better internet access — access that is not just fast and open, but also resilient, affordable, and accessible to everyone. Reliable high-speed internet access is essential to full participation in modern life, and it is vital that the FCC is empowered to oversee the practices of broadband providers to ensure they equitably serve every community’s needs. Restoring the FCC’s Title II authority will empower the FCC not just to enforce fundamental open internet protections like blocking and throttling prohibitions, but also to address roadblocks to deploying broadband infrastructure, require reporting about network performance and resiliency, provide meaningful transparency about the internet service consumers are paying for, keep Americans connected during public emergencies, and tackle issues ranging from cybersecurity and privacy to public safety. Guided by its mission to ensure every community has equitable access to digital technology, OTI has offered its perspective on a number of questions put forth by the FCC , urging the commission to: 

1. Address the harms posed to consumers when BIAS providers demand paid interconnection agreements in order to deliver traffic to internet users on their networks, noting that the Commission already took steps in this direction in 2016 when reviewing the Charter-Time Warner Cable merger; 
2. Apply the same rules to mobile broadband as to fixed at-home broadband service by re-classifying BIAS as a ‘commercial mobile radio service’ and updating underlying definitions of statutory terms; 
3. Begin the process of requiring BIAS providers to contribute to the Universal Service Fund to support the FCC’s current and future universal service and affordability programs; 
4. Clarify that any forbearance related to ‘rate regulation’ does not limit the Commission’s ability to study the price of service for purposes including, but not limited to determining availability and affordability of BIAS, measuring competition in the marketplace, or identifying discriminatory practices or behavior; 
5. Restore and improve upon the robust transparency requirements that were discarded by the Pai Commission, and to improve Broadband Information Label requirements;
6. Restore the general conduct rule that gives the Commission the flexibility to identify and tackle new harms as they arise; 
7. Draw clear lines that identify acceptable zero-rating practices; and
8. Restore the framework for non-BIAS Services outlined by the 2015 rules, and harmonize with the stronger rules since adopted by California and the EU that non-BIAS data service not negatively impact BIAS performance for others and that non-BIAS data optimization be “objectively necessary.”