American Enterprise Institute

One of the enduring ironies of antitrust law is that governments often step in to solve perceived problems that market forces are already addressing. A prime example: the breakup of AT&T in 1984 didn’t bring about the demise of the Bell telephone monopoly. The real shift came from new fiber optic networks—launched around 1984—and the development of cellular networks. Now, we see the same pattern with Google.

Broadband accessibility has rapidly transformed into a modern-day essential, integral to our nation’s economy.  However, some still do not have access to basic internet connectivity, which became more evident during COVID-19. As a result, government programs like the $42 billion Broadband Equity, Access, and Deployment (BEAD) Program were created to expand internet connectivity to unserved and underserved areas.

Once Democrats finally secured a 3-2 majority in the Federal Communications Commission, the agency lost no time in approving a long-anticipated proposal to reintroduce net neutrality by reclassifying broadband providers as common carriers. While its commitment to reclassification seems unwavering, the agency has equivocated about the preemptive effect of agency action.