FCC Nominee Anna Gomez Backs ‘Robust’ Title II-Based Open Internet Authority

Anna Gomez, President Joe Biden's nominee for the open Democratic seat on the Federal Communications Commission, told the Senate Commerce Committee that she supports reclassifying internet access as a Title II telecommunications service. Since Gomez’s bureaucratic background left little room for Republicans to attack her in the same way as Gigi Sohn, she’s got a seemingly better chance of getting confirmed. Currently, the FCC classifies internet access as an information service under Title I of the Communications Act, and not subject to common-carrier/open access regulations. That occurred after network neutrality regulations approved under Obama-era Democratic chair Tom Wheeler were then unapproved by the succeeding Republican majority under Ajit Pai. With the FCC’s two current sitting Democrats, Chair Jessica Rosenworcel and Commissioner Geoffrey Starks, both supporting robust network-neutrality rules, the way appears open for their return — and likely a return of the legal battle that has characterized the issue for a couple of decades as changes in administrations have led to shifts in regulatory approaches to the internet. That is, unless Congress steps in to clarify the FCC's broadband regulatory authority, which Gomez said she would support as the best way to resolve the issue. Gomez also said that while she thought Title II gave the FCC the strongest oversight, she did not believe in using that authority to regulate pricing, which could be allowed under Title II.