Internet/Broadband

The ink isn't dry yet on the federal government's decision to repeal its network neutrality rules, and yet many are already gearing up for what they say is an inevitable legal battle (once again) over the future of the Web. Because of the potentially far-reaching consequences of the vote, consumer groups and some state attorneys general have vowed to sue the FCC to overturn its decision. The first suits could be filed in mid-January, according to some analysts. Opponents of the FCC are expected to make two broad categories of arguments.

House Communications Subcommittee Chairman Marsha Blackburn (R-TN) introduced network neutrality legislation, the Open Internet Preservation Act, that prohibits internet providers from blocking and throttling content, but does not address whether Internet service providers can create so-called “fast lanes” of traffic for sites willing to pay for it. The legislation also would require that ISPs disclose their terms of service, and ensure that federal law preempts any state efforts to establish rules of the road for internet traffic.

Since the Federal Communications Commission voted to abolish net neutrality regulations, California, Washington, and New York State have vowed to take up the cause. New York is one of the first out the gate. State Assemblymember Patricia Fahy—a Democrat whose district includes the capital, Albany—has drafted a short piece of legislation to introduce this week. It requires the state government, state agencies, and local governments (including New York City) to do business only with ISPs that adhere to net neutrality principles of no blocking or slowing down access to any legal content.

The Federal Communications Commission’s (FCC) vote to scrap net neutrality rules has sparked a vigorous debate about what comes next.  The effects of the FCC’s policy change will not be clear for some time, experts say.  “In the short term, little to nothing is going to be changing,” said Doug Brake, a policy analyst at the Information Technology and Innovation Foundation, a nonpartisan technology focused think-tank.  Gigi Sohn, a former policy adviser to past FCC Chairman Tom Wheeler and current fellow at Georgetown Law’s New Institute for Technology Law and Policy, has been a vocal critic

[Commentary] The only sure fire strategy to regain control of this vital underpinning of modern economies is for us to own the broadband networks themselves. Only then will we able make the rules that serve the public interest. Decisions about caps and rates and access, about the digital divide and net neutrality and privacy can and should be debated and made at the local level, not in some distant boardroom or in even more distant federal agencies and federal courts.

When the Federal Communications Commission voted to repeal net neutrality regulations, it went one step further: It banned state and local governments from taking their own action to preserve net neutrality within their borders. It’s a preemption effort that isn’t sitting well with local leaders across the country. Already, states and local governments say they’re preparing to sue the FCC. This could be an uphill battle: The FCC has authority over interstate communication laws, and Republican commissioners cite the Constitution's Commerce Clause to support their case.

Frontier appears to be on a roll with its Connect America Fund II deployments, expanding broadband services in the rural areas of eight additional states in 2017.  The list of states included in this latest push in which Frontier is ahead of pace in deploying rural broadband include: Florida, Idaho, Illinois, Indiana, Michigan, Tennessee, Texas and Wisconsin.

Continuing its push to expand access to broadband in rural America, the Federal Communications Commission identified the locations of nearly 1 million homes and small businesses in 48 states that are eligible for up to $2 billion in support for broadband deployment over the next decade. Currently unserved by high speed Internet access, these locations are in largely rural areas, where, absent support, carriers are unlikely to expand service.

[Commentary] So long as the Federal Communications Commission is run by majority rule, members of the first faction will never achieve lasting protections to their liking; the pendulum will continue to swing with changes in the White House. The solution is obvious: Congress needs to give the FCC (or the Net Tribunal) a clear mandate to define appropriate ISP and tech platform behavior and to police it. Until that day comes, we will have more heart-pounding installments of the net neutrality saga than Star Wars.

[Hal Singer is principal at Economists Incorporated]

[Commentary] Net neutrality advocates must shift their focus from the Federal Communications Commission to Congress, where they may well find the support and power they need to safeguard a fair and free internet. There is a strong historical argument for shifting attention to Congress: the Fairness Doctrine.