Will Biden’s New FCC End the Digital Divide?

The real challenge facing President-elect Joe Biden is whether the person he picks as chairman can move the FCC beyond the “regulatory capture” that has long determined its policies. A number of key issues will define Biden’s ability to redress the overtly corporatist agenda promoted by Trump’s commission. One question will be whether broadband is a Title I or Title II form of communications. As defined by the Communications Act of 1934, Title I communications involve enhanced “information services” and are subject to fewer regulations. Title II services are designed for basic or “common carrier” service and are subject to greater regulation. Another key issue for the incoming administration will be net neutrality, the requirement that Internet access providers treat all traffic on equal terms, as a common carrier service. That means, among other things, that they can’t allow faster speeds for one provider over another.